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SUPPLEMENT TO 


GOVERNMENT : ITS ORIGIN, GROWTH AND 
FORM IN THE UNITED STATES 

By R. LANSING and G. M. JONES 


THE GOVERNMENT OF OHIO 


WILLIAM W. BOYD, M.A. 


HIGH SCHOOL INSPECTOR, OHIO STATE UNIVERSITY 



SILVER, BURDETT AND COMPANY 
NEW YORK BOSTON CHICAGO 



J 





LIBRARY of CONGRESS 
Two Copies Received 

MAY 29 1906 

Copyright Entry 
CLASS / CL XXc. No. 

mky .4$ 

COPY B. 






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Copyright, 1906, by 
SILVER, BURDETT & COMPANY. 



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CONTENTS. 


CHAPTER ^aOE 

I. Territorial Government. 5 

II. The First Constitution. 8 

III. Nature op State Government. 11 

IV. The Legislation Department. 14 

V. The Executive Department. 20 

VI. The Judicial Department. 24 

VII. Counties. 28 

VIII. Townships. 35 

IX. Cities. 38 

X. Villages. 42 

XI. Electors and Elections. 44 

XII. Education. 49 

XIII. Public Institutions., 53 

XIV. Public Debt. 56 

XV. Public Works. 57 

XVI. Militia. 58 

XVII. Taxation. ... 59 

XVIII. Corporations. 62 

XIX. Miscellaneous. 64 

\ 

APPENDICES. 

A. The Constitution of the State of Ohio. 67 

B. Congressional Districts . 99 

C. Senatorial Districts. 100 

D. Circuit Judicial Districts. 101 

E. Common Pleas Judicial Districts and Sub-Divisions_ 102 




































































































































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1 
















































































THE GOVERNMENT OF OHIO. 


CHAPTER I. 

TERRITORIAL GOVERNMENT. 

« 

Two Periods of Government. —Civil government in 
Ohio covers two distinct periods. The first is the terri¬ 
torial government extending from 1787 to 1803. The 
second is the constitutional government extending from 
1803 to the present time. 

Territorial Claims. —Previous to the organization of 
the Northwest Territory under the federal Ordinance of 
1787, the Ohio country lying immediately north and west 
of the Ohio River and south of Lake Erie was overrun by 
tribes of savage Indians. Successively, the French, the 
English and different American States had laid claim to 
this territory. The French relinquished their claim at 
the close of the French and Indian War. The English 
lost their title through the Revolution. Finally, a number 
of States claimed all of the territory north of the Ohio 
River, but in order that the Union of the States might be 
cemented, they ceded their claims to the federal govern¬ 
ment. 

The Ordinance of 1787. —The general government 
undertook the organization of the territory by the passage 


6 


THE GOVERNMENT OF OHIO 


of the Ordinance of 1787. This ordinance is of interest 
because it fixed a mode by which territory under the 
control of the federal government should be governed and 
because it fixed certain personal rights which were reaf¬ 
firmed afterwards in the State constitution, thus guaran¬ 
teeing to us many of the blessings of freedom which we 
enjoy to-day. 

The Ohio Company. —In 1786, the Ohio Company was 
formed in Massachusetts and purchased, through the 
agency of the Rev. Manasseh Cutler, nearly one million 
acres of land on the Ohio River just west of the Seven 
Ranges and lying on both sides of the Muskingum River. 
Under the direction of this company, on April 7, 1788, 
forty-eight persons landed on the east side of the Muskin¬ 
gum River, opposite the federal fortress known as Fort 
Harmar. This settlement, afterwards called Marietta, 
became at once the seat of territorial government. 

Organization of Government. —The first Governor ap¬ 
pointed under the terms of the Ordinance of 1787 was 
General Arthur St. Clair. The territory under the juris¬ 
diction of Governor St. Clair extended from Pennsylvania 
to the Mississippi River and from the Ohio River to the 
Great Lakes.* 

The government was vested in a Governor and three 
judges whose duties were to adopt and publish such laws 
of the original States as might be necessary. The Gov¬ 
ernor was vested with power to appoint the officers 

* By the provisions of the Ordinance, this territory could be divided 
into three States, or, if the people should prefer, into five. Out of 
this territory have been carved Ohio, Indiana, Illinois, Michigan and 
Wisconsin. 


TERRITORIAL GOVERNMENT 


7 


needed in the operation of government. Whenever the 
territory should contain a population of five thousand or 
more people, a legislature might be elected. The first 
legislature of the Northwest Territory met at Cincinnati 
in 1799. 

Division of Territory. —In 1800, the territory was 
divided. The name, Ohio, was then applied to the eastern 
portion, while the western portion was called Indiana. 
In 1802, Congress passed an act to enable the people of 
the eastern division to form a constitution preparatory to 
State government. In November, a convention met at 
Chillicothe and framed a constitution, which was not 
submitted to the people. On February 19, 1803, Con¬ 
gress passed an act which made Ohio a judicial district, 
and thus it was constituted a State. 

Powers of the Territorial Governor. —Under the Ordi¬ 
nance of 1787, both the township and the county were 
recognized. But there was no such thing as local self- 
government ; for all the officers of both township and 
county were appointed by the Governor and they were 
thus federal officers. The Governor held a veto power 
which gave rise to controversies between him and the 
territorial legislature. 


CHAPTER II. 


THE FIRST CONSTITUTION. 

Two Constitutions. —The government of Ohio as a 
State extends over two distinct periods marked by dif¬ 
ferent constitutions. The Constitution of 1802 was the 
supreme law of the land from the time of the admission 
of Ohio into the Union until 1851, when it was displaced 
by the present Constitution. 

Powers of the Legislature. —Under the Constitution 
of 1802, the three departments of government, executive, 
legislative and judicial, were organized on the general 
plan of the federal government. But the experiences of 
territorial government made the people more jealous of 
their rights and powers, and so the governmental powers 
were very generously bestowed upon the representatives 
of the people, the Legislature. The veto power was 
denied the Governor, most of the offices were filled by 
legislative appointment, and the jurisdiction of the courts 
was determined by the Legislature. The Governor had 
very limited powers, and was made to feel constantly 
the superiority of the Legislature. 

The Seat of Government. —The legislatures of Ohio 
convened at Chillicothe from 1803 to 1816, excepting 
two years, when the seat of government was located 
temporarily at Zanesville. In 1816, Columbus, near the 
* 8 


THE FIRST CONSTITUTION 


9 


center of the State, was chosen as the capital under a 
proposal of gifts of land to the State with suitable 
buildings for governmental purposes as inducements. 

The Counties. —When the first Constitution was 
adopted, there were ten counties in Ohio, viz., Washing¬ 
ton, Hamilton, Wayne, Jefferson, Ross, Adams, Fair- 
field, Clermont, Trumbull, and Belmont. In 1811, the 
counties had increased in number to forty-one; while, at 
the time of the adoption of the present Constitution in 
1851, the number had increased to eighty-eight, and that 
has been the number ever since. 

Growth U^der the First Constitution. —Ohio grew 
rapidly during the first half of the nineteenth century. 
In population the State grew from about 50,000 at the 
time of its admission into the Union to 1,980,329 in 
1850. The political divisions known as counties in¬ 
creased, as has been shown, from ten to eighty-eight. 
Ohio University, Marietta College, Kenyon College, 
Western Reserve University, Denison University, Ober- 
lin College, and Miami University, were established. 
Transportation was made easy by the building of the Na¬ 
tional Road, the development of steam navigation on the 
lakes and rivers, the digging of canals and the con¬ 
struction of railroads. This • development of the State 
attracted vast amounts of capital. 

Necessity for New Constitution. —Much of this de¬ 
velopment had not been anticipated at the .time of the 
formation of the Constitution of 1802; consequently, after 
a period of fifty years, it was found to be inadequate to 
the needs of the State. In 1849, the Legislature decided 
to submit to popular vote the question of calling a consti- 


10 


THE GOVERNMENT OF OHIO 


tutional convention. The people approved this plan. A 
convention of delegates met in Columbus in 1850, and 
framed the present Constitution, which was completed 
March 10, 1851, and approved by a vote of the people 
the following June. 


CHAPTER III. 


NATURE OF STATE GOVERNMENT. 

Government Comes from the People. —As the federal 
constitution is made in the name of the people, so also 
is the Ohio constitution. Both instruments, in their 
preambles, say: u We, the people . . . do establish this 
Constitution.” Dr. I. W. Andrews has called attention 
to the peculiar form of our government in the following 
words : i 6 Our government is not a simple or consolidated, 
republic on the one hand, nor, on the other, is it a league 
of States. The American people constitute a nation, 
with a republican government. The nation has a consti¬ 
tution in which the character of the government is clearly 
delineated. This constitution is the supreme law of the 
land. But the country is divided into divisions called 
States, each of which has a constitution. The people of 
the whole Nation have made the general constitution, 
while the people of each State have made a constitution 
for that political division. The National Constitution is 
operative throughout the whole domain; it is binding on 
all the people. The constitution of a State is confined in 
its operation to the State limits; beyond them it has no 
force. But within the State, it is the organic law, whose 
provisions, unless conflicting with the National Constitu¬ 
tion or the laws enacted under it, must be carried out. 5 ’ 

11 


12 


THE GOVERNMENT OF OHIO 


Although we live under this system of double govern¬ 
ment, there are no conflicts. The powers of government 
come from the people. The people have delegated some 
powers to the National government and some to the 
State government. Not the same powers are delegated 
to both. 

Contents of Constitution.—In our preceding study of 
the National government, we have seen the nature of the 
powers bestowed upon the general government. Now 
we shall study the powers granted to the State govern¬ 
ment through the State Constitution of 1851. It con¬ 
tains seventeen Articles as follows: I, Bill of Rights; II, 
Legislative; III, Executive; IY, Judicial; Y, Elective 
Franchise; YI, Education; YII, Public Institutions; 
YIII, Public Debt and Public Works; IX, Militia; X, 
County and Township Organizations; XI, Apportion¬ 
ment: (a) Legislative, ( 1 >) Judicial; XII, Finance and 
Taxation; XIII, Corporations; XIY, Jurisprudence; XY, 
Miscellaneous ; XYI, Amendments; XYII, Elections. 

Rights of the People. —Under Article I, the people 
have made it clear that, in establishing over themselves 
a needed government, they have reserved unto them¬ 
selves certain rights; % that they do not agree to submit 
to an arbitrary and autocratic rule; and that they, 
through their constitution, not only restrain the govern¬ 
ment from an interference with certain personal rights 
but also make it obligatory upon the government to de¬ 
fend them in those rights. Thus, they guarantee to 
themselves the rights of liberty, of the protection of 
property, of altering the form of government, of assem¬ 
bling together, of trial by jury, of freedom in worship, of 


NATURE OF STATE GOVERNMENT 


13 


the freedom of speech and of the press, of immunity 
from imprisonment for debt and for many other things 
enumerated under this Article. Yet no attempt is made 
to name all the rights remaining with the people; for 
Section 20 reads: u This enumeration of rights shall not 
be construed to impair or deny others retained by the 
people; and all powers, not herein delegated, remain 
with the people. 5 ’ 


CHAPTER IY. 


THE LEGISLATIVE DEPARTMENT. 

Number of Senators. —Like the federal government, 
the government of Ohio has three departments, legisla¬ 
tive, executive and judicial. The legislative power is 
vested in two houses, the Senate and the House of Rep¬ 
resentatives. Each Senator is elected by the voters of 
the senatorial district which he represents. The State is 
divided by the Legislature into thirty-four such districts. 
For any district to have a Senator, its population must be 
at least one thirty-fifth of the entire population of the 
State. If a district does not contain a population equal 
to the ratio (one thirty-fifth of the entire population of 
the State), two districts may unite in the election of a 
Senator. Those districts containing more than the re¬ 
quired ratio will have the number of Senators increased 
according to the population. The apportionment is made 
by the Governor, Auditor and Secretary of State. The 
present number of Senators is thirty-seven. , 

Number of Representatives. —Representatives are 
elected by the voters of the county, each county being 
entitled to one or more Representatives. The ratio for 
the apportionment of Representatives is determined by 
dividing the population of the State by one hundred. If 
the population of a county does not equal the ratio, 

14 


THE LEGISLATIVE DEPARTMENT 


15 


the county is entitled to one Representative, notwith¬ 
standing. The present number of Representatives is 
one hundred and twenty-one. 

Term of Office. —Senators and Representatives are 
elected ‘ ‘ on the first Tuesday after the first Monday in 
November” of the even years. They begin their term 
of office on the first day of January following and con¬ 
tinue in office two years. 

Qualifications. —To be qualified for office, “ Senators 
and Representatives shall have resided in their respective 
counties, or districts, one year next preceding their 
elections.” Any absence on public business for the 
United States or for the State would exempt them from 
the enforcement of this provision. They must be quali¬ 
fied electors. No office holder of the United States 
government is eligible, nor is a person holding a lucrative 
office under the State government, unless it is a township 
office, the office of justice of the peace, of notary public, 
or of some department of the military service. No one 
who has ever been convicted of embezzlement of public 
funds can become a member of the General Assembly. 

Organization. —Each house convenes on the first 
Monday of January of the odd years, at 10 o’clock, a. m., 
for the purpose of organizing. The Lieutenant-Governor 
presides over the Senate regularly. For the purpose of 
organization, the Secretary of State presides over the 
House of Representatives. Each house elects its own offi¬ 
cers. In the Senate, these are a President pro tempore , to 
preside in the absence of the Lieutenant-Governor, a Clerk, 
a Sergeant-at-Arms, and their assistants. The officers of 
the House are a Speaker, a Speaker pro tempore , a Clerk, 


16 


THE GOVERNMENT OF OHIO 


a Sergeant-at-Arms, and their assistants. Both houses 
have also doorkeepers, porters, stenographers and pages. 
Each house makes its own rules and passes upon the qual¬ 
ifications of its members. A majority of all the members 
elected to each house constitute a quorum. Each house 
must keep a journal of its proceedings and two members 
may demand that the 4 4 yeas and nays ’ ’ be recorded. 
Should vacancies occur in either house, they must be 
filled by election. 

Privileges of Members. —Senators and Representa¬ 
tives are privileged from arrest during sessions of the 
General Assembly and in going to and returning from 
the same, except in cases of felony, treason, or breach of 
the peace. They are not to be questioned for any speech 
or debate in either house in any other place. While the 
proceedings of both houses &re usually public, two-thirds 
of the members present in either house may order an 
executive session. Neither house can adjourn for a 
longer period than two days without the consent of the 
other nor to any other place than that in which both 
houses are in session. 

How a Bill Becomes a Law. —A bill may originate in 
either house. To make a law of it, the following order 
of procedure must be observed. It must be read on three 
different days, unless, in case of urgency, three-fourths 
of the house in which it is pending shall dispense with 
the rule. It must be passed by a majority of the mem¬ 
bers in each house. It must be sent then to the Governor. 
If he signs it, it becomes a law. If he objects to it, he 
returns it to the house in which it originated. That house 
must proceed then to a reconsideration of the bill. If 


THE LEGISLATIVE DEPARTMENT 


17 


two-thirds of the members and not less than those sup¬ 
porting the original passage vote to sustain the bill, it is 
sent to the second house. If here, after reconsideration, 
two-thirds of the members and not less than those sup¬ 
porting the original passage vote to sustain the bill, it 
becomes a law without the Governor’s approval. If a 
bill is passed by both houses and held by the Governor 
without signature for a longer period than ten days during 
the time the General Assembly is in session, it becomes a 
law. If the General Assembly should adjourn before the 
expiration of the ten days, the bill would become a law, 
unless the Governor files his objections to the bill with 
the Secretary of State before the expiration of the ten 
days. In the last case, the bill would be returned to the 
General Assembly at the opening of the next session. 
There are, therefore, three ways in which a bill may 
become a law. It is worthy of note that, if a bill con¬ 
tains two or more sections, the Governor may sign one 
and object to the others. The approved section becomes 
a law. 

Legislative Authority over Other Offices. —No Senator 
or Kepresentative can be appointed to any office which 
has been created or the emoluments of which have been 
increased during his term of office as a member of the 
General Assembly until after one year has passed since 
the expiration of his term. The General Assembly has 
power to fix the terms of office and the compensation of 
all officers not provided for in the Constitution; but no 
salary can be increased or decreased within the existing 
term. 

Money Expended by Legislature. —The only way in 


18 


THE GOVERNMENT OF OHIO 


which money can be drawn from the State treasury is by 
specific appropriation made by law and no appropriation 
can be made for a longer period than two years. As a 
new Legislature is elected every two years, this provision 
of the Constitution gives the people of the State the op¬ 
portunity, to say to every Legislature how the money shall 
be expended, or to elect a Legislature fully in accord 
with any proposed expenditures approved by the people. 

Impeachment. —The same general principles and 
methods of impeachment which are found in the National 
Constitution for dealing with federal officers have been 
embodied in the Ohio Constitution for dealing with its 
officers. 

Laws Must Be Uniform. —The Constitution provides 
that ‘‘ all laws, of a general nature, shall have uniform 
operation throughout the State. 5 ’ Constant pressure is 
brought to bear upon the Legislature for the enactment 
of laws which shall benefit especially particular localities. 
The ignoring of this provision of the Constitution has led 
to the passage of a number of laws which were subse¬ 
quently declared unconstitutional by the Supreme Court 
of the State. Among such laws were many pertaining 
to municipalities; so that it was found necessary recently 
to revise the entire.code of laws pertaining to incorporated 
cities and villages. 

General Assembly Elects United States Senators.— 

It is the duty of the General Assembly to elect United 
States Senators, each State being entitled to two.* 

* A full account of the method of procedure in the election of 
United States Senators is found in Lansing & Jones’ “ Government ” 
p. 65. 


THE LEGISLATIVE DEPARTMENT 


19 


Compensation of Members. —The General Assembly 
fixes by law the compensation of its members and officers 
and no change in compensation can be effected during 
their terms of office. Thus the salaries of all members 
of the Legislature are fixed by some preceding Legisla¬ 
ture. The salary, at the present time, is $600 per year.* 
General Assembly not a Judicial Body. —The General 
Assembly is expressly forbidden to exercise any judicial 
powers except in cases of impeachment. Thus the powers 
of the judiciary are reserved entirely for the courts. 

Committees. —A large amount of the work of both 
houses of the Legislature is done through committees. 
Among the important committees are those on finance, 
agriculture, common schools, taxation and the judiciary, 
to which are referred all bills for investigation and 
report. 

* The recent Legislature has raised the salary to $1,000 per year, 
which the members of the next Legislature will be paid. 


CHAPTER V. 


THE EXECUTIVE DEPARTMENT. 

Executive Officers. —For the execution of the laws, 
there is needed a great number of officers. Some of 
these are elected by the people, while others are ap¬ 
pointed mainly by the Governor by and with the consent 
of the Senate. The officers elected are as follows : 
Governor, Lieutenant-Governor, Secretary of State, 
Auditor, Treasurer, Attorney-General, State Commis¬ 
sioner of Common Schools, Dairy and Food Commissioner 
and Members of Board'of Public Works. All hold office 
for two years, except the Auditor and Members of 
Board of Public Works whose terms are four years. 
The election occurs at the time of the regular fall 
election, the first Tuesday after the first Monday in 
November. The terms of office begin on the second 
Monday of January with the exception of the State Com¬ 
missioner of Common Schools, whose term begins the 
second Monday in July. By amendment to the Consti¬ 
tution (1906), all State and county officers must be elected 
in the even numbered years and all other officers must be 
elected in the odd numbered years. 

The Governor. —The supreme executive power of the 
State is vested in the Governor. He is especially charged 
with the enforcement of law and for that purpose may 
call out the militia of the State, if necessary. He may 

20 


THE EXECUTIVE DEPARTMENT 


21 


require reports from all other departments of the execu¬ 
tive branch of the State government. He appoints many 
officers and may dismiss from office for cause. He is re¬ 
quired to communicate to the General Assembly at every 
session the condition of the State and to make recom¬ 
mendations regarding needed legislation. Beyond the 
duties of executing law, he participates also in the making 
of laws by approving with his signature bills passed by 
the General Assembly or by making objections to them. 
He may call the General Assembly into extraordinary 
session or he may adjourn both houses in case they can 
not agree upon an adjournment. He is Commander-in- 
Chief of the militia of the State, except when they are 
called into the service of the United States. Eligibility 
to the office of Governor requires a residence of one year 
in the State, citizenship in the United States and an age 
attainment of at least twenty-one years. 

The Lieutenant-Governor presides over the Senate, 
and, in case of the death, resignation or disability of the 
Governor, he succeeds to the office of Governor. Should 
both the Governor and the Lieutenant-Governor become 
disabled or disqualified, the President pro tempore of the 
Senate would succeed to office and after him the Speaker 
of the House. 

The Secretary of State collects and publishes the 
statistics of the State; he supervises the elections; he has 
charge of the laws and the publication of them; he is the 
medium of intercourse with the United States and with 
other states; he issues certificates of incorporation, and is 
the custodian of State records. 

The Auditor is the book-keeper of the State. He keeps 


22 


THE GOVERNMENT OF OHIO 


a record of all financial transactions of the State, as¬ 
certains the amount of money due from counties, makes 
settlements with the county treasurers, has charge of the 
bureau of accounting and issues warrants on the treasurer 
for the payment of money appropriated by the Legis¬ 
lature. 

The Treasurer is the custodian of all money belonging 
to the State. He pays out money on warrants issued by 
the Auditor. He publishes annually a statement of all 
receipts and expenditures. 

The Attorney-General is the legal adviser of the State. 
He interprets the law for other State officers and advises 
them in their official acts. He is counsel for the State in 
cases in court to which the State is a party. 

The State Commissioner of Common Schools has an 
advisory supervision of the schools of the State. He col¬ 
lects and publishes annually the statistics pertaining to 
public education. He attends teachers’ institutes, lec¬ 
tures to teachers on methods of teaching, supervises the 
distribution of school funds, visits each judicial district 
annually, prepares all questions for county teachers’ 
examinations, approves courses of study and appoints 
members of the State Board of School Examiners. 

The Dairy and Food Commissioner prevents the man¬ 
ufacture and sale of adulterated foods, analyzes and tests 
milk, liquors, foods, canned goods, etc. He prosecutes 
all venders of impure foods. 

The Board of Public Works has charge of all canals, 
the collection of tolls and water rents, the appointment of 
lock tenders and other employees needed on the public 
works. The board consists of three members. 


THE EXECUTIVE DEPARTMENT 


23 


Appointive Officers. —The chief officers appointed by 
the Governor are the Commissioner of Railroads and 
Telegraphs, Superintendent of Insurance, Supervisor of 
Public Printing, Chief Inspector of Workshops and 
Factories, Chief Inspector of Mines, two Inspectors of 
Oils and a State Fire Marshal. In addition to these, 
there is a number of other officers, members of com¬ 
missions and trustees of the public institutions, appointed 
by the Governor. A few officers are appointed by other 
executive officers. 

The Great Seal. —The State has a seal known as “The 
Great Seal of the State of Ohio.” This is kept by the 
Governor and used by him officially. It is used on all 
grants and commissions. 

Reports. —The officers of the Executive Department 
and of the public institutions of the State are required to 
report to the Governor at least five days preceding each 
regular session of the General Assembly to which these 
reports are transmitted. 


CHAPTER VI. 


THE JUDICIAL DEPARTMENT. 

The Courts. —“The judicial power of the State shall 
be vested in a supreme court, circuit courts, courts of 
common pleas, courts of probate, justices of the peace 
aud such other courts inferior to the supreme court as the 
General Assembly may from time to time establish.” 
So reads Section 1, Article IV, of the Constitution. It 
is seen, therefore, that certain courts must be established 
and others may be. To the courts named above the 
General Assembly has added juvenile courts and municipal 
courts. It is the business of a court to administer justice, 
i. e., to see that laws are properly interpreted, that they 
do not contravene the constitution, that offenders of law 
are not unjustly treated; to try cases in dispute under law 
and in equity; and to render decisions in protection to the 
State and to the individual. A court consists of one or 
more judges sitting in official capacity for the 4 4 trial of 
causes. ’ ’ 

The Supreme Court consists of six judges, one elected 
each year by the people of the State for a term of six 
years. It has original jurisdiction in quo warranto , 
mandamus , habeas corpus and procedendo cases.* All 

* By quo warranto is meant the issuing of a writ by the court 
demanding an officer of the State to show by what authority he 
may be acting in a given case. This is used rarely and only to keep 
an officer from usurping authority. 

24 


THE JUDICIAL DEPARTMENT 


25 


other cases which come before the court are appellate; 
but the law provides that only a certain character of cases 
can be appealed. The jurisdiction of the Supreme Court 
extends to the entire State. The court is organized into 
two divisions of three judges each. A decision of either 
division has the full force of a decision of the whole court; 
but, whenever the decision of either division is not 
unanimous, it is reserved for the full bench. The whole 
court must sit also in cases involving the constitutionality 
of an act of the General Assembly or of Congress. The 
officers of the court are a clerk, law librarian and re¬ 
porters. The Supreme Court holds its regular sessions at 
the Capital of the State, beginning the Tuesday after the 
first Monday of January. It may hold other sessions at 
other times and at other places. The Supreme Court 
has charge of the bar examinations. Every one, wishing 
to become an attorney-at-law, must be twenty-one years 
of age, a citizen of the United States, a resident for at 
least a year in the State and must pass an examination 
on his legal knowledge. 

Circuit Courts. —The State is divided into eight dis- 

Mandamus is a writ issued by a superior court to an inferior 
court, officer or corporation authorizing the performance of some 
specific act on the part of the person or persons to whom the writ 
is directed. 

Habeas corpus is a writ issued by a judge or court to an officer to 
bring into court a person who may be restrained from liberty in 
order that it may be determined whether the prisoner can be let 
out on bail, or at what time his trial can be fixed. 

Procedendo is a writ issued by a superior court to an inferior court 
authorizing the latter to give judgment, but not specifying what 
that judgment shall be. It is used where decision has been, de¬ 
layed, or no action can be got from the inferior court. 


26 


THE GOVERNMENT OF OHIO 


tricts called judicial circuits. In each district, three 
judges are elected, one every two years for a term of six 
years. A circuit court has both original and appellate 
jurisdiction and it tries both civil and criminal cases. It 
may try action in quo warranto , mandamus , habeas corpus 
and procedendo as original cases within its own jurisdic¬ 
tion. The circuit court meets in the court-room of the 
various county court-houses within the circuit. 

Common Pleas Courts. —The State is divided again 
into ten districts called common pleas judicial districts. 
Hamilton County forms one of these districts and elects 
three common pleas judges. Each of the other districts 
is divided into three sub-divisions and each sub-division 
elects one or more common pleas judges for a term of five 
years. The court convenes three times each year in each 
county of the district with one judge on the bench. The 
cases brought before a common pleas court are both civil 
and criminal. The court has both appellate and original 
jurisdiction. 

Ranking of Courts. The order of rank of the courts 
stands as follows: supreme court, circuit court, common 
pleas court, justice of the peace court.* Each court has 
original jurisdiction in certain cases. Each court may 
try cases on appeal from a court inferior to it. 

The Grand Jury. —If a person is suspected of crime, he 
is arrested and brought before a justice of the peace who 
hears the evidence. If the evidence seems to point to the 
guilt of the person under arrest, he is ‘ ‘ bound over ’ ’ to 
the grand jury, which is a body of fifteen men chosen by 
lot. Should twelve of the men agree as to the guilt of the 
* For account of justices of the peace, see p. 37. 


' THE JUDICIAL DEPARTMENT 


27 


accused person, they return an “indictment” against 
him. If there is a disagreement, the charges are indorsed 
“ not a true bill.” The accused can not be heard before 
a grand jury either in person or by witnesses. 

The Petit Jury. —When an accused person is indicted 
he is tried before a judge and a petit jury, which is a 
body of twelve men chosen by lot. Should all the men 
of the jury agree as to his guilt, he is convicted of crime 
and the judge “ passes sentence ” upon him. In the 
trial, the accused has the right to testify and to call wit¬ 
nesses in his behalf. 


CHAPTER VII. 


COUNTIES. 

Divisions of the State. —So far we have treated of the 
State government as it is operated through general of¬ 
ficers. But the State is divided into eighty-eight dis¬ 
tricts varying in size from 177 square miles to 680 square 
miles and known as counties. The counties are sub¬ 
divided into smaller districts of about thirty square miles 
known as townships. Both the county and township are 
organized under State laws and are governed by local 
officers. 

The Town and County Units. —There are two systems 
of local government in the United States. In Hew Eng¬ 
land, the town is the unit. In the South, the county is 
the unit. The Ohio system embraces both. Dr. I. W. 
Andrews says of the Ohio system: “It is neither the 
town system of the East nor the county system of the 
South. The county has more power than in Hew Eng¬ 
land, the township has less.” 

Relation of County to State. —It has been said that 
the county bears the same relation to the State that the 
State bears to the United States. This is a misleading 
statement. The county has no independent form of or¬ 
ganization. All the counties conform to one plan of or¬ 
ganization fixed by State law. A state may have any 

28 


COUNTIES 


29 


form of organization so long as it does not contravene the 
constitution and laws of the United States. The.United 
States and the State both have constitutions coming from 
the people and these instruments are the organic laws of 
each. The county does not have a constitution; but it 
is dependent upon State law which is made by the repre¬ 
sentatives of the people. Again, the officers of the 
county, while their jurisdiction is confined largely within 
the county limits, are holding offices created by the 
State and their duties lie chiefly in the execution of State 
laws. Prof. W. H. Siebert in writing on the govern¬ 
ment of Ohio says : “ We see that the various local divis¬ 
ions are useful as administrative districts of the State 
and that their officers serve as the guardians of the State 
interests in all the different communities of the State.” 

Local Government. —But, while the county is one of 
the political and administrative districts of the State, it 
must be remembered that it serves as a division for local 
self-government. The officers apply the provisions of 
State laws for the benefit of their own counties. They 
take a pride in developing their own communities. 
Thomas Jefferson said: “These wards, called townships 
in New England, are the vital principle of their govern¬ 
ments and have proved themselves the wisest invention 
ever devised by the wit of man for the perfect exercise 
of self-government and for its preservation.” 

New Counties. —Section 30 of Article II. of the Con¬ 
stitution provides for the creation of new counties. No 
new county, however, shall contain less than four hun¬ 
dred square miles. No county can be divided, unless it 
contains a population of one hundred thousand, and then 


30 


THE GOVERNMENT OF OHIO 


neither of the divisions shall contain less than twenty 
thousand. A city or village can not be divided. Before 
a county can be divided, or a new county created out of 
the territory of other counties, the matter must be sub¬ 
mitted to the voters of the counties concerned, and 
approved by them. 

County Officers. —The county officers are three com¬ 
missioners, a judge of probate, a clerk, an auditor, a 
treasurer, a sheriff, a prosecuting attorney, a recorder, a 
surveyor, a coroner and three infirmary directors. In 
addition to these officers elected by the people at the 
November election, the resident common pleas judge, or 
the probate judge in counties having no resident common 
pleas judge, appoints a board of six county visitors, and 
the probate judge appoints a board of county school 
examiners, consisting of three members. ‘All county 
officers are elected in the even-numbered years, and all 
hold office for two years except the probate judge, who 
holds office for four years. 

County Commissioners. —While the officers are all 
executive officers, the board of county school commis¬ 
sioners exercises some legislative functions. The duties 
of the officers are fully outlined by law; but the commis¬ 
sioners exercise all duties not devolving by law upon the 
other officers. They exercise a general supervision over 
all the business affairs of the county, they maintain 
county highways, build and care for bridges, erect public 
buildings, open new roads, levy the county taxes, allow 
accounts, and act in the organization of new townships. 

The Probate Judge presides over the probate court, 
which is distinctly a county court, as the financial sup- 



COUNTIES 


31 


port of the court comes from the county, and as the 
jurisdiction of the court is limited to the county. This 
court appoints guardians, administrators, and execu¬ 
tors, and audits their accounts. It probates wills and 
takes care of the estates of deceased persons. It issues 
marriage licenses. It settles cases in bankruptcy. It 
issues commitment papers for the insane and feeble¬ 
minded. The probate judge appoints the members of 
the school examining board, and, in some cases, of the 
county board of visitors. 

The County Clerk, by the Constitution, is made the 
clerk of all courts of record in the county; but, by law, 
the probate judge may be made clerk of his own court. 
As a matter of fact, the law provides for the exercise of 
this provision of the Constitution, so that the County Clerk 
becomes the clerk of the court of common pleas and of the 
circuit court. He keeps the files of all papers in suits 
pending in these courts, has charge of the records of the 
courts, and issues subpoenas for witnesses and jurors. 
He makes an annual report to the Secretary of State of 
all trials in the county, with their results. 

The County Auditor is the bookkeeper of the county. 
He lists all property for taxation and certifies the levy 
for each year. He looks after the distribution of funds. 
He keeps account of all money paid to the county 
treasurer and paid out by him. He issues warrants for 
the payment of money. He has charge of the records 
of the county commissioners. 

The County Treasurer is custodian of all money be¬ 
longing to the county. He collects the taxes and re¬ 
ceives, on the order of the auditor, any other funds due 


32 


THE GOVERNMENT OF OHIO 


to the county. He pays out money on warrants issued by 
the auditor. He makes settlement twice each year with 
the books of the auditor. Once each year there is 
appointed by the probate judge or by a common pleas 
judge a special board of worthy citizens to examine the 
accounts of the treasurer and to count the money on 
hand. The treasurer is elected for a term of two years; 
but he cannot hold office for more than two terms within 
any period of six years. Jhis safeguards the people from 
any continued fraud of a dishonest official. 

The Sheriff has police powers within the county and is 
charged with preserving the peace. He has charge of 
the county jail, arrests criminals, serves subpoenas and 
processes of the courts. He executes the orders of the 
probate, common pleas and circuit courts. Besides 
having charge of prisoners at all times within the county, 
he has charge of jurors and witnesses during trials. He 
conducts all those committed to the various institutions 
of the State to their places of confinement. This in¬ 
cludes the insane, the incorrigible and the criminal. The 
sheriff is elected for a two-year term of office and cannot 
hold office for more than two terms in any period of six 
years. 

The Prosecuting Attorney is the legal counsel and 
advisor of the county. He appears for the county in all 
cases in court, to which the county is a party. He 
advises the grand jury and prosecutes all offenders in¬ 
dicted by them. 

The County Recorder is charged with the keeping of 
the records of all legal papers called deeds used in the 
transfer of real estate, of mortgages given to secure the 


COUNTIES 


33 


payment of debts, of contracts, of plats and of leases. 
These records are open to the public. A legal paper 
pertaining to real estate has no validity in the protection 
of the rights of a third party, if it has not been placed on 
record. 

The County Surveyor is the officer charged with fix¬ 
ing boundary lines, keeping a record of the land-marks 
and making all public surveys. He makes estimates on 
the cost of building roads, bridges and other public 
improvements. He surveys land sold for taxes. He 
keeps an accurate and careful record of the variations of 
the magnetic needle from year to year. 

The Coroner looks into the causes of sudden deaths in 
the county. For this purpose, he holds inquests and 
may examine witnesses under oath. He holds for trial 
all persons who may be criminally implicated. 

Infirmary Directors. —The three infirmary directors 
are charged with the care of the county home for the 
poor known as the infirmary. They receive and dis¬ 
charge inmates, elect officers for the home, let con¬ 
tracts for the purchase of supplies and make rules for the 
government of the institution. They report annually to 
the county commissioners. 

The County Board of School Examiners consists of 
three members, one appointed each year by the probate 
judge for a term of three years. They hold examinations 
for teachers on the first Saturday of each month. The 
examination questions are furnished by the State Com¬ 
missioner of Common Schools. Certificates to teach are 
granted for one, two, three, five and eight years, the 
length of the certificate being determined by the qualifi- 
3 


34 


THE GOVERNMENT OF OHIO 


cations and amount of experience of the applicant. The 
standards of required qualifications are fixed by the board 
of examiners. 

The Board of County Visitors consists of six members, 
two of whom are appointed each year for a term of three 
years. They visit, each year, all charitable and correc¬ 
tive institutions such as the children’s home, the home for 
the aged, the county infirmary and the jail. They report 
upon the condition of these institutions and make such 
recommendations as conditions seem to justify. They 
publish an annual report which is sent to the clerk of the 
county and the State board of charities. Thus the official 
board of the State in charge of the charitable work of the 
State is kept informed of local as well as State institu¬ 
tions. 


CHAPTER YIH. 
TOWNSHIPS. 


Divisions of the County. —As the State is divided into 
counties, so the county is divided into smaller districts 
known as townships. These townships vary somewhat 
in size, many of them being about six miles square, some 
about five miles square, while others are irregular in shape 
and varying in size. The average size of a township in 
Ohio, as has been stated previously, is a little over thirty 
square miles. 

Officers. —The officers of a township are three trustees, 
a clerk, a treasurer, a road commissioner, assessors, con¬ 
stables, a board of education and justices of the peace. 
They are elected at the regular fall election in the odd 
numbered years. 

Trustees. —As in the county the commissioners have 
some legislative functions, so in the township the trustees 
exercise legislative powers to a limited extent. But their 
chief work belongs to the executive side of government. 
Among their duties may be enumerated the dividing of 
the township into road districts, the authorizing of new 
roads and ditches, the repair of bridges and culverts, the 
caring for .the poor and the fixing of the tax rate for 
township purposes. Trustees are elected for two-year 
terms. 

The Township Clerk keeps a record of the proceedings 
35 * 


3£6 


THE GOVERNMENT OF OHIO 


of both the township trustees and the board of education. 
For that purpose, he must attend all meetings of both 
boards. He signs all orders for money to be drawn from 
the township treasury. He makes out the annual finan¬ 
cial statement of the township. His term of office is two 
years. 

The Township Treasurer is custodian of the funds 
belonging to the township. He pays out money on the 
order of the trustees signed by the clerk and on the order 
of the board of education signed by the clerk. He is 
elected for two years. 

The Road Commissioner, or supervisor of roads as he 
is more commonly called, opens new roads and supervises 
the construction and repair of all roads. All electors of 
a township are required to make a certain contribution 
toward the maintenance of roads either in money or serv¬ 
ice. The supervisor uses the money in the employment 
of labor in repairing the roads, or, if the service is offered, 
he superintends the work. lie is elected for two years. 

Assessors. —There are as many assessors elected in 
each township as there are voting precincts. They are 
elected biennially. They place the valuation upon per¬ 
sonal property and gather statistics regarding agriculture, 
manufacture and all industries and also regarding births 
and deaths. 

Constables. —The number of constables necessary to a 
township is determined by the trustees. The constables 
have police power in the township, preserve* the peace, 
serve all writs issued by the justice of the peace and 
also serve notices or orders issued by the trustees. They 
are elected for a term of two years. 


TOWNSHIPS 


37 


The Board of Education consists of five members 
elected at large in the township. Members of the board 
are elected at the fall election every two years, two being 
elected one time and three the next. The term of office 
is four years. They have the entire management of the 
public schools in the township, employ a superintendent, 
teachers and janitors, build school buildings, arrange 
courses of study, make the levy for money needed to 
support the schools and carry into effect the* provisions 
of the State laws for the education of the youth within 
the township. 

Justices of the Peace. —When a township is organ¬ 
ized, the common pleas judge fixes the number of justices 
of the peace for it. Should it ever be necessary to 
change the number, it is done by the probate judge of 
the county in which the township is located. A justice’s 
court is the lowest in the State. Therefore, no case 
ever comes into this court on appeal. In civil cases, 
all claims involving an amount below $100 must be tried 
in a justice’s court. Cases, involving from $100 to $300 
can be tried either in a justice’s court or the court of 
common pleas. Suits involving more than $300 must be 
tried in the court of common pleas or in the circuit court. 
The justice’s court tries minor offences in criminal 
matters. It can order the arrest of, hear the complaint 
against, discharge, punish or bind over for appearance 
before a higher court, an accused person. In civil 
cases, the jurisdiction of the court extends over the town¬ 
ship ; in criminal cases, it extends over the county. 


CHAPTEB IX. 


CITIES. 

Municipal Districts. —So far we have traced govern¬ 
ment down* from its national form which we studied in 
its application to the federal Union, through the State 
and the county, to the local organization of the township. 
There are two districts yet to be considered, the city and 
the village. These districts occupy a place parallel to 
the township in regard to local affairs. All are parts of 
the county. The jurisdiction of the officers of a city or 
village extends only to the corporate limits. Both are 
carved out of one or more townships. But some of the 
functions of township government are exercised over the 
village. Both the city and village are masses of people 
living very closely together, with common interests and 
needing common protection. For this reason the law 
makes provision for the incorporation of these aggrega¬ 
tions of people into cities and villages. If the population 
of one of these communities is 5,000 or more, it is a city. 
If the population is less than 5,000, it is a village. The 
law provides different kinds of government for the city 
and the village; but the laws must be uniform for all 
cities and for all villages. 

The City Council. —It is worth while to note that the 
three departments of government are carried into the 

38 


CITIES 


39 


city. The City Council represents the legislative branch; 
the Mayor the executive branch; and the Mayor’s Court 
the judicial branch. The legislative branch, or council, 
varies in size with the size of the place. In cities of 
25,000 or less, there are seven members of the council, 
three elected at large and four by wards. In cities of from 
25,000 to 40,000 people, the council consists of nine 
members, three elected at large- and six by wards. In 
cities of over 40,000 people, there is one councilman 
added for every 15,000 people in excess of the 40,000. 
When the total membership of the council exceeds fifteen 
members, one councilman out of every five is elected at 
large and the remainder by wards. The number of 
wards in a city is made to correspond to the number of 
councilmen elected by wards. Councilmen are elected 
for two-year terms. The duties of the council involve 
the making of regulations to preserve the peace and good 
order of the city, the management and erection of public 
buildings, the granting of franchises, the levying of taxes 
for city purposes, the fixing of salaries of city officers, the 
furnishing of water and light and the doing of all things 
which will promote the general welfare of the city. 

The Mayor. —The executive functions of city govern¬ 
ment belong to the mayor, who is elected for two years, 
the president of the council, an auditor, a treasurer and 
certain boards. The mayor participates in legislation as 
he is given the veto power. It requires a two-third 
majority of the council to pass an act over the mayor’s 
veto. He is charged with the duty of enforcing the 
laws of the State and the ordinances of the council 
within the city limits. 


40 


THE GOVERNMENT OE OHIO 


Other Executive Officers.—The President of the Coun¬ 
cil presides over the council; but he has no vote. He is 
elected for two years. 

The Auditor keeps the city books and audits all ac¬ 
counts with the officials. He is elected for two years. 

The Treasurer receives and disburses the funds. He 
is elected for two years. 

The Solicitor is the attorney for the city. He makes 
all contracts and advises the officials. He brings suits for 
the city and defends the city when it is sued. He is 
elected for two years. 

The Board of Public Service, consisting of three or five 
members, as the city council may designate, is elected by 
the people for a term of two years. The duties of the 
board consist in supervising public works, public institu¬ 
tions, parks, public libraries, the improvement of streets, 
the erection of bridges and the lighting and cleaning of 
public places. They may employ the help needed for 
the care of the public buildings and works. 

The Board of Public Safety is appointed by the mayor. 
It may have two or four members, the number being de¬ 
termined by the council. The term of office is four years. 
Not more than half the members of the board can belong 
to the same political party. The duties of the board are 
to organize and regulate the police and fire departments 
and to govern the telegraph, telephone and fire-alarm 
systems. 

The Board of Health consists of five members and 
is appointed by the mayor, wffio also acts as president 
of the board. It is the duty of this board to make and 
enforce such rules as may be necessary for the health of 


CITIES 


41 


the community and to enforce the laws of the State 
pertaining to hygienic conditions, the preservation of 
health and the prevention of disease. 

The Board of Education is elected by the people. In 
cities of less than fifty thousand population, the board con¬ 
sists of from three to seven members elected at large. 
In cities of fifty thousand or more, there •♦must be not less 
than two nor more than seven members elected at large 
and not less than two nor more than thirty elected by 
districts. The term of office is four years and elections 
occur biennially. The board has charge of all public 
schools of the city. They determine the amount of money 
to be raised by taxation for the support of the schools. 
They determine text-books and courses of study, elect a 
superintendent, erect buildings and determine the number 
of teachers needed. The teachers are appointed by the 
superintendent of schools subject to confirmation by the 
board. 

The City Judiciary. —The judiciary department of a 
city is vested in a mayor’s court, and, in the larger 
cities, in a police court also. These courts try cases 
arising under the city ordinances and have parallel juris¬ 
diction in criminal cases with the justice’s court. 


CHAPTEK X. 


VILLAGES. 

The Village Charter. —Villages may be incorporated 
either through action of the county commissioners or 
through action of the township trustees. A petition for 
a village charter must contain the names of not less than 
thirty electors living within the territory which it is pro¬ 
posed to include within the village limits. A village 
may surrender its charter whenever forty per cent of the 
village electors, by presentation of a petition to the coun¬ 
cil, secures an election at which a majority of all the 
electors in the village voting at the election approve such 
surrender. 

The Village Government. —There are three depart¬ 
ments again of village government. The legislative 
power is vested in a council of six members, whose term 
of office is two years. The executive power is vested in 
a mayor, a clerk, a treasurer, a marshal and the trustees 
of public affairs, all elected for two years. The mayor 
appoints a street commissioner for one year and a fire 
chief for two years. The judicial power of the village 
is vested in the mayor’s court which tries cases arising in 
violation of the village ordinances and has parallel juris¬ 
diction in criminal cases with the justice’s court. 

The Village Schools. —The territory of every incorpo¬ 
rated village, including territorv attached to it for school 

42 


VILLAGES 


43 


purposes and excluding territory detached for school pur¬ 
poses, constitutes a village school district. In this dis¬ 
trict, five members of a board of education are elected, 
two at one time and three at another, the length of a 
term of office being four years. This board elects the 
superintendent and the teachers and has the management 
of the schools. 

Local Officers are State Officers.— The county, the 
township, the city and the village are all administrative 
agents of the State and are charged with the enforce¬ 
ment of the State laws within their respective territories. 
While they are organized primarily for the local welfare, 
they can operate local government in conformity only to 
State law and they must enforce that law. 

Population. —On page 38, we have seen that an in¬ 
corporated community containing more than 5000 people 
constitutes a city and less than 5000 people a village. As 
the federal census is taken every ten years, there will be 
a new classification of villages and cities every ten years. 
A village may advance to the grade of city and a city 
may fall back to the grade of a village. 


CHAPTEK XI. 


ELECTORS AND ELECTIONS. 

Government by the People. —The inquiry arises: How 
do certain men become officers of government ? We say 
that government in America is government by the people. 
We do not mean that all the powers of government are 
exercised by all the people, but that the people choose 
the officers who shall exercise the powers of government. 
But even here the statement that all the people choose 
the officers is liable to be misleading. All the people of 
the country means all the citizens of the country and we 
have learned that a citizen is any person born within the 
United States or naturalized. Now, not all citizens help 
to choose officers. Those persons who can participate in 
the choosing of government officials are called electors 
and the process of choosing is called voting. But these 
persons are made electors by law because they are sup¬ 
posed to represent in addition to their own interests the 
interests of other people, as the other people are dependent 
upon them. So it is that we say that this is a govern¬ 
ment by the people. 

Who may be Electors. —In Ohio, the Constitution 
says that an elector must be a “ white male citizen of the 
United States, of the age of twenty-one years, who shall 
have been a resident of the State one year next preceding 
the election and of the country, township or ward, in 

44 


ELECTORS AND ELECTIONS 


45 


which he resides, such time as may be provided by law. ’ ’ 
The restriction of this article of the Constitution to white 
citizens has been removed by the passage of the fifteenth 
amendment to the federal constitution. In all matters 
pertaining to schools, women over twenty-one years of 
age are granted the right of franchise. The right to vote 
is denied to persons convicted of bribery, perjury or other 
infamous crime, to idiots and insane persons and to per¬ 
sons in the military, naval or marine service of the United 
States who may be stationed within the State. Military 
or naval officers who are stationed temporarily in the 
State can not be considered properly residents of the 
State. 44 The general principle which pervades the Con¬ 
stitution on the subject of elections is that no one shall 
be allowed to participate in the election of officers whose 
jurisdiction will not extend over him, or temporarily in¬ 
clude the place of his residence.”— Scott. Before an 
elector can vote, he must reside in the State at least a 
year, in the county thirty days and in the township or 
ward twenty days. 

The Ballot. —-All elections must be by ballot. It is 
necessary, therefore, to have a ballot prepared. This is 
known as making up the ticket. A ballot contains the 
titles of all offices to be filled and the names of the persons 
who may be voted for in connection with the offices 
named. There are two ways in which a name can be 
placed upon a ticket. One is by a petition; the other is 
by a primary election. The placing of a name upon the 
ticket is called 4 4 nominating . 5 5 To nominate a person by 
petition, it is necessary that a certain number of electors 
shall sign a petition and agree to support the candidate at 



46 


THE GOVERNMENT OF OHIO 


the polls. The number of signatures necessary on a 
petition varies with the size and importance of the district. 
If the person nominated in the petition is a candidate for 
a State office, the petition must be bled with the Secre¬ 
tary of State thirty days before the election. * If the 
person nominated is a candidate for any other office, the 
petition must be filed with the county board of supervisors 
of elections twenty days before the election. 

The Primary. —To nominate by means of a primary 
election, it is necessary that the electors within a political 
party shall go to their usual places of voting and determine 
by ballot the nominees, either by voting directly for can¬ 
didates who have previously announced their candidacy, 
or by voting for delegates to a convention who shall 
choose their nominees. The votes are canvassed by the 
regular election officers and certified to the county board 
of elections. This board arranges the names of the persons 
nominated on the various tickets and prints all tickets on 
one form known as the Australian ballot, a sample of which 
is shown in the accompanying diagram. 

Duty of Electors to Attend Primaries. —The ballot is 
now ready for use at the election. The neglect of the 
right which electors have to participate in a primary, is so 
prevalent as to form one of the dangers which threatens 
the American government. It is not enough for the 
elector to go to the polls and choose between parties; but 
it is his patriotic duty to attend the primaries and assist 
in the choice of good men as nominees on the party ticket. 

Supervisors of Elections.— The machinery for the 
conduct of elections is arranged with the greatest care for 
the prevention of frauds. By law, the Secretary of State 


ELECTORS AND ELECTIONS 


47 


is made the State supervisor and inspector of elections. 
He appoints in each county four deputy State supervisors 
of elections, commonly known as the County Board of 
Supervisors. Two of these supervisors must belong to the 
party having the largest vote at the last November elec¬ 
tion and two to the party having the next largest vote. 
The county board fixes the places of holding elections so 
that there may be as nearly as possible two hundred voters 
to one voting district or precinct. The hoard regulates 
primaries, supervises registration, prepares the ballots, 
distributes them together with the tally sheets and poll 
books and appoints the precinct officers. 

Registration. —In cities of fourteen thousand population 
or more, electors are required to register their names on 
certain fixed days before the time of the election. This 
is done to prevent fraudulent voting. If any question is 
raised regarding the right of any one registered to vote 
within a certain precinct, there is opportunity between 
the time of registration and election day to investigate 
the matter. 

Precinct Officers. —The precinct officers consist of four 
judges, not more than two of whom can belong to the 
same political party, and two clerks who can not belong 
to the same political party. 

How an Election is held. —On the first Tuesday after 
the first Monday in November, the polls are opened at 
5:30 a. m., and closed at 4 p. m., in the larger cities. 
In other places the polls remain open till 5 : 30 p. m. 
At any time between the opening and the closing of the 
polls, an elector may go to his voting place and cast his 
ballot; but no elector is allowed to vote more than once. 



48 


THE GOVERNMENT OF OHIO 


When he enters the voting place, he finds one of the judges 
who has the ballots and to whom he gives his name. 
The judge writes the name on the top of the ballot above 
a perforated line. The elector then takes the ballot and 
goes to a booth, where he proceeds to mark the ballot. 
If he desires to vote for all the candidates of a political 
party named on a ticket, he makes a cross within a circle 
at the top of that column on the ballot containing the 
names. If he wants to vote for some candidates named on 
one ticket and some on another, he places a cross before 
the name of each candidate for whom he wishes to vote. 
If he wants to vote for some person not named on the 
ticket, he writes the name of the person for whom he wants 
to vote in a space below the name of the office to be filled. 
He then folds his ticket in such a way that only the back of 
it can be seen and that the paper above the perforated line 
upon which his name is written can be torn off. Next, he 
delivers the ballot to a judge having charge of the ballot 
box. This judge tears off the strip of paper containing 
the elector’s name and deposits the ballot in the box. 
He opens the strip and reads the name. Two other judges 
who have lists of the voters check off the name when it is 
read and the two clerks write the name in their poll books. 
The strip of paper is deposited then in a separate box. 
Thus, the greatest secrecy is maintained regarding the 
way in which an elector has marked his ballot. After 
the polls are closed, the ballots are counted, the results 
are recorded, announced and sent to the proper officers. 
A certificate of election is issued to the successful candi¬ 
date. 


CHAPTER XII. 

EDUCATION. 

Education Compulsory. —In Article III of the Ordi¬ 
nance of 1787, we find these words: “ Religion, morality 
and knowledge being necessary to good government and 
the happiness of mankind, schools and the means of 
education shall forever be encouraged.” Thus, one of 
the foundation stones of the Northwest Territory, and 
therefore of Ohio, became education. The State has 
taken pride always in its public spirit and high regard 
for its schools. The State, through its Constitution, has 
guaranteed a public school system, and, through law, the 
State requires each community to maintain schools and to 
compel attendance; so that every boy and girl of the 
State must have at least a rudimentary knowledge of 
the common branches. 

State Commissioner of Common Schools. —The high¬ 
est school official is the State Commissioner of Common 
Schools, who is elected by the people. We have learned 
already of his duties. * Through his reports, he keeps the 
people informed of the condition of the schools of the 
State. 

School Districts. —There are four kinds of school dis¬ 
tricts in the State: city, village, township and special. 
We have studied previously the first three, f 

* See page 22. \ See pages 37, 41 and 42. 

4 49 



50 


THE GOVERNMENT OF OHIO 


The Special District is formed from portions of one or 
more townships, where the property value of the territory 
especially set apart for school purposes is not less than 
$100,000. The Board of Education consists of five mem¬ 
bers elected at large for terms of four years, two being 
elected at one time and three at another. All boards of 
education are required to grade their schools, to furnish 
enough schools to accommodate all the youth of the dis¬ 
trict and to continue the schools not less than thirty-two 
weeks each year. 

High Schools. —All youth are entitled to high school 
education. If a district does not provide a high school, 
the board of education must pay the tuition of all its 
youth who desire to attend some high school outside of 
the district and who have passed the required examina¬ 
tion given by the county examiners on questions prepared 
by the State Commissioner of Common Schools. The 
law provides for the centralization of schools and the 
transporting of pupils within the township to the central 
school. 

Superintendents. —Each board of education may em¬ 
ploy a superintendent and, in cities, eaGh board is re¬ 
quired to do so. In cities, the superintendent appoints 
teachers subject to the confirmation of the board. In all 
other districts, the board elects the teachers. Every 
teacher must have a certificate issued by the proper board 
of examiners. 

Examining Boards. —There are three examining boards 
in the State, the State Board of School Examiners, the 
County Board of School Examiners and the City Board of 
School Examiners. The State Board consists of five mem- 


EDUCATION 


51 


bers appointed by the State Commissioner of Common 
Schools, one member being appointed each year for a 
term of five years. The board issues three grades of 
certificates, each valid through life unless revoked for 
cause: high school, common school and special. Each 
city has a board of examiners consisting of three members 
appointed by the board of education, one member being 
appointed each year for a term of three years. The City 
Board of Examiners issues certificates for a limited period 
of time to teachers within the city. The County Board 
of Examiners consists of three members appointed by the 
probate judge, one member being appointed each year 
for a term of three years. This board issues certificates 
to all teachers of the county outside of the cities. 
County certificates are valid for one, two, three, five or 
eight years. A state certificate is valid in any district 
within the State. 

School Funds. —The funds for the support of the public 
schools are raised from different sources. That the schools 
are under the control of the State is shown by the fact 
that the State raises part of the revenues for the schools. 
The interest on the irreducible debt of the State and a 
small amount raised by annual levy upon the taxable 
property of the State are distributed by the State Auditor 
to the different districts in proportion to the school 
enumeration of the districts. Whatever additional money 
is needed for the support of the schools is raised by local 
taxation upon the property of each district. Each board 
of education is required to keep the school money of the 
district in four funds, the tuition fund, the contingent 
fund, the sinking fund and the building fund. 


52 


THE GOVERNMENT OF OHIO 


Ohio State University. —The State of Ohio maintains 
a University of high rank known as the Ohio State Uni¬ 
versity. This institution, located at Columbus, has six 
colleges, about one hundred and fifty instructors and two 
thousand students. 

Other Institutions for Higher Education. —The State 
aids also Wilberforce University, an institution for the 
education of colored youth, Miami University of Oxford 
and Ohio University at Athens. At the two latter insti¬ 
tutions, the State maintains normal schools. 


CHAPTER XIII. 


PUBLIC INSTITUTIONS. 

Provision for Unfortunates. —The State makes liberal 
provision for its unfortunates and delinquents, for those 
who are diseased in body, mind or morals. It provides 
for those disabled in war and for those dependent upon 
them. 

Soldiers and Sailors. —For the war veterans, there is 
the Soldiers’ and Sailors’ Home at Sandusky. At 
Madison is the Home of the Ohio Soldiers, Sailors, 
Marines, their Wives, Mothers and Widows, and Army 
Hurses. The children of old soldiers are cared for by 
the Soldiers’ and Sailors’ Orphans’ Home at Xenia. 

The Institution for the Blind is located at Columbus. 
Here blind children are taught to read and write, to sew 
and to work with their hands. They are taught trades 
and many of them become self-supporting. 

The Institution for the Deaf and Dumb is located at 
Columbus also. Children are taught the sign language 
and many of them learn to talk. Comfortable buildings 
and fine play-grounds are provided for the happiness of 
these unfortunates. 

The Institution for the Feeble-Minded Youth is located 
at Columbus. Children between the ages of six and 
fifteen years, who have deformed, weak or undeveloped 
minds, are admitted to this institution. Sometimes cures 

53 


54 


THE GOVERNMENT OF OHIO 


are effected or a process of development is begun which 
will enable the beneficiary of the institution to support 
himself. Others become a constant burden to the State. 

The Hospital for Epileptics is located at Gallipolis. 
Great care is taken of the inmates of this institution. 
Efforts are made to cure the disease and scientific re¬ 
search regarding the peculiar character of the malady is 
carried on constantly. 

The Insane. —There are six hospitals for the care of 
the insane. These are located at Cleveland, Columbus, 
Massillon, Toledo, Dayton and Athens. The State gives 
aid also to the maintenance of Longview Hospital in 
Hamilton County. The insane are cared for by the 
State for their own sakes and for the safety of others. 
They are treated kindly and are kept as comfortable as 
possible. Every effort is made to restore the reason. 
Medical science is employed and the greatest skill used in 
dealing with this unfortunate class. 

Local Institutions. —Admission to all the institutions 
named above is obtained by proceedings in the probate 
court. In addition to these institutions for the unfortu¬ 
nates, every county maintains an infirmary for the care of 
the poor and sometimes the insane, and most counties 
maintain a children’s home for destitute children. 

Boys’ Industrial School. —For the care of the crimi¬ 
nal classes, the State maintains four institutions. The 
Boys’ Industrial School is located at Lancaster. To this 
institution are sent boys between the ages of ten and six¬ 
teen years who have broken the law. They spend one- 
half of each day in school and the other half on the farm 
or in shops learning a trade. The object of the institu- 


PUBLIC INSTITUTIONS 


55 


tion is to reform the youthful criminals and to give them 
knowledge and a mastery of a trade which will make 
them useful citizens. 

The Girls’ Industrial Home is located at Delaware. 
Here are sent girls between the ages of nine and sixteen 
years who have been guilty of crime. The same efforts 
are made to reform the girls as are made to reform the 
boys. They are given an education and are taught to 
sew and to work. 

The State Reformatory is located at Mansfield. To 
this institution are sent the criminals who have been 
convicted of a first offense, except those who are young 
enough to be sent to an industrial school and those who 
are sentenced for life. These criminals are taught trades. 
They are surrounded b}^ those conditions which it is 
thought will arouse manhood and establish character. 
When it seems that a reform has been effected in a life, 
the reformed person is paroled. An effort is made by the 
authorities to get the reformed man into some occupation. 
A strict surveillance is kept over his conduct. If he 
shows any signs of moral weakness, he is recommitted to 
the Reformatory. 

The Ohio Penitentiary is located at Columbus. To 
this institution are sent all criminals not admitted to the 
other institutions. Work is provided for the inmates and 
they share in the profits of their labor. 

Local Prisons. —In addition to these four institutions 
for the incarceration of criminals, each county has a 
county jail, and cities and villages maintain places of 
confinement for persons guilty of minor offenses. 


CHAPTER XIV. 


PUBLIC DEBT. 

Limitation of Indebtedness. —By the provisions of 
Article VIII of the Constitution, “ the State may 
contract debts to supply casual deficits or failures in 
revenues, or to meet expenses not otherwise provided 
for.” But the aggregate amount of all such debts shall 
not exceed $750,000, unless incurred in repelling inva¬ 
sion, suppressing insurrection or defending the State in 
war. The credit of the State cannot be given or loaned 
to any individual, association or corporation. The State 
cannot become a joint partner or stockholder in any 
company. Thus all officers of the State are forbidden 
to use the money of the State for speculative purposes, 
even for the benefit of the State. The State is forbidden 
by the Constitution from assuming any of the debts of a 
county, town, city, township or any corporation, unless 
such debt has been incurred by war in defense of the 
State. 

Sinking Fund. —For the payment of State debts, there 
has been established a sinking fund which has been 
placed in care of u The Commissioners of the Sinking 
Fund,” who are the Auditor, Secretary of State and 
Attorney-General. At the present time (1906) the State 
has no outstanding obligations. 

56 


CHAPTER XY. 


PUBLIC WORKS. 

Board of Public Works. —The Constitution provides 
that the public works of the State, so long as there are 
any, shall be under the charge of a Board of Public 
Works consisting of three members and elected by the 
people. 

Canals. —The public works of the State are the canals. 
At the time of the adoption of the present Constitution, 
the canals occupied a more important place in the devel¬ 
opment of the State than they do now. At the present 
time, very little transportation is effected by the canals. 
They are being abandoned very rapidly. But there are 
some manufacturers who make use of the water of the 
canals for power and there are communities using the 
canal beds fx>r drainage. The Board of Public Works 
manages all affairs connected with the canals, fixing the 
tolls for boats, collecting the water rents, protecting the 
property, employing the superintendents and lock-tenders 
and making needful rules for the regulation of the traffic 
along the canals. 


57 


CHAPTEE XYI. 


. MILITIA. 

Citizens Required to Serve in the Militia.— The Con¬ 
stitution provides for the organization of the militia. 
The male citizens of the State between the ages of 
eighteen and forty-five years, except those exempted by 
law, constitute the militia. Not many citizens ever en¬ 
gage in actual service; but all are liable for service. 
Whenever the regularly constituted authorities are un¬ 
able to repel invasion, put down insurrection or enforce 
the laws, an appeal is made to the militia. 

Organization. —The militia consists of the Ohio Na¬ 
tional Guard and the Ohio Naval Militia together with 
the unorganized reserve. Enlistments in the national 
guard and in the naval militia are made for the period of 
three years. Xhe State provides armories for the drill 
of the guards and for the care of the arms and military 
property. Soldiers who enlist in the militia are required 
to assemble for drill once a week and to go into camp 
for a period of "from eight to fourteen days each year. 
Should the organized militia not be adequate for an emer¬ 
gency, volunteers may be called for. If sufficient mili¬ 
tary strength is not secured in this way, then the unor- 
• ganized militia may be drafted into service. 


58 


CHAPTER XVII. 


TAXATION. * 

Taxation Necessary. —For the maintenance of the in¬ 
stitutions of the State and for carrying on all departments 
of government, vast sums of money are expended each 
year. Much more money is used in sustaining local gov¬ 
ernment than is used by the government of the State at 
large. In order that the State may have the funds neces¬ 
sary to the support of the government, it must have the 
power of making assessments in some way upon its citi¬ 
zens or upon those who benefit from the establishment of 
its government. This power, known as taxation, has been 
placed by the Constitution in the hands of the General 
Assembly. A poll tax by the State is prohibited. 

Taxation Power with the People. —While no limit 
is placed upon the levy which may be made by the State, 
the limiting power remains with the people, as they select 
the members of the General Assembly. Not infrequently, 
the people make use of this limiting power by making the 
expenses of government an issue during a campaign pre¬ 
ceding the election of officers. 

Local Taxes. —By law, the General Assembly delegates 
to certain officers of local governments within the State 
the power to levy taxes to raise money for the support of 
local government; but the amount of the levy is limited. 

59 


60 


THE GOVERNMENT OF OHIO 


In all cases, the money raised by levy must be used for 
the purposes for which the levy is made. 

Methods of Taxation. —The State makes use of two 
general methods of taxation known as direct and indirect. 
Direct taxation is the levy made upon the property of the 
State. By this method, every citizen contributes to the 
support of the government in proportion to the valuation of 
his property. Indirect taxation is a levy made upon cor¬ 
porations doing business within the State, upon the manu¬ 
facture and sale of liquors and tobaccos, upon property 
obtained by inheritance and upon public franchises. By 
this method, every citizen contributes to the support of 
the State in proportion to the amount of business he does 
with the concern upon which the tax falls. 

Property Tax. —For the purpose of a property tax, all 
property of the State is listed by the county auditors either 
as real estate or as personal property. Beal estate includes 
all lands and buildings. Personal property includes all 
other possessions. Every ten years, there are elected 
boards of appraisers of real estate known as “ decennial 
appraisers of real property,” who fix the valuation of all 
real estate within the ward or township from which they 
are elected. They make their returns to the county audi¬ 
tor. Every two years, in each ward or township there is 
elected an assessor who places the valuation upon the per¬ 
sonal property within his ward or township. He also 
makes his return to the county auditor. In this way, the 
total valuations within a given district are obtained. 

Methods of Collecting Taxes. —The officers, who 
have the power to levy taxes within a district, knowing the 
valuation of property and the amount needed for govern- 


TAXATION 


61 


mental expenses, determine the rate of taxation and cer¬ 
tify it to the county auditor, who adds together all rates 
certified within the district by different officers and makes 
a general levy upon the property for the total amount 
needed. The auditor authorizes the treasurer of the county 
to collect from all property holders a certain percentage of 
the property valuation. When the collections are made, 
the auditor of the county certifies the amounts to be dis¬ 
tributed to the treasurers of the different districts. 

State Funds Raised by Indirect Taxation. —Nearly 
all money needed for local government is collected 
by direct taxation upon the property. But the money 
needed for the support of the general State government is 
largely collected by means of indirect taxation. The 
State officers make no levy upon the property of the State 
for money needed by the State except for the purposes of 
education. It is hoped that the method of indirect taxa¬ 
tion will supply soon all money needed for the general pur¬ 
poses of the State. 


CHAPTER XVIII. 

CORPORATIONS. 


General Provisions Regarding Corporations. —Article 

XIII of the Constitution relates to the organiza¬ 
tion, powers, duties and limitations of corporations. A 
corporation is an association of not less than five persons 
to whom is given a charter to carry on business as an 
individual. A corporation has recognition in court. It 
can sue and he sued. The members of a corporation are 
the stockholders. The business is carried on by a board 
of directors. While most corporations are organized for 
profit, some corporations, such as churches, fraternities, 
colleges and clubs are organized “ not for profit.” The 
Constitution prohibits the passage of any special act con¬ 
ferring corporate powers. Corporations must be formed 
under general laws; but such laws may be changed from 
time to time. The stockholders’ liability extends only to 
the amount of his subscription for stock. The property 
of a corporation is taxed just as the property of an indi¬ 
vidual. 

Railroads and Insurance. —Two of the greatest cor¬ 
porate interests of the State, viz., railroads and insur¬ 
ance, are placed under the supervision of special officers. 
The officers, to whom is entrusted the supervision of these 
corporations, are known as commissioners and are ap¬ 
pointed by the Governor. 


62 


CORPORATIONS 


63 


Commissioner of Railroads. —In order that the lives 
and the property of individuals may be safe-guarded, it 
is the business of the Commissioner of Railroads, who is 
appointed for two years, to see that the laws regulating 
the traffic of railroads are enforced. He must see that the 
tracks and bridges are in a safe condition, that proper 
safety devices and flagmen are provided for crossings, that 
cars are equipped in accordance with law and that proper 
inspection is made. 

Commissioner of Insurance. —For the enforcement 
of laws pertaining to insurance, a Commissioner of Insur¬ 
ance is appointed for three years. He receives reports 
from insurance companies, investigates their conditions 
and methods of doing business, examines their assets and 
liabilities, ascertains whether investments are made accord¬ 
ing to law and enforces all insurance legislation. 


CHAPTER XIX. 


MISCELLANEOUS. 

The Capital of the State. —Under Article XV of 
the Constitution, various matters are treated. By Section 
1 , Columbus is fixed as the seat of government until a 
change may be made by law. It is not likely that a change 
will ever be made. Columbus is near the center of the 
State and is reached by a great number of railroads 
radiating in all directions. More than that, the State has 
made great investments in a permanent plant for govern¬ 
mental purposes at Columbus. 

Public Printing. —All public printing is required to be 
let to the lowest responsible bidder. Whatever else may 
be published, “ an accurate and detailed statement of the 
receipts and expenditures of the public money ” must be 
published. 

Who May Hold Office. —Ho person can be elected 
or appointed to office who does not possess the qualifica¬ 
tions of an elector. Every office-holder is required to take 
an oath that he will support the Constitution of the United 
States, of the State of Ohio and that he will faithfully dis¬ 
charge the duties of his office. 

Amendments.— The Constitution may be altered by 
64 


MISCELLANEOUS 


65 


amendment. Proposed alterations are submitt, d to the 
people for their approval at the polls. 

Our Government a Democracy. —We have seen 
by a study of the federal government, of the State govern¬ 
ment and of the local governments as a part of the State 
government that every citizen is under law, that his rights 
are preserved by law and that he participates in the mak¬ 
ing of law. This is truly a self-governing nation. Every 
individual helps in delegating to the officers of government 
the power to repel within his own nature the tendencies he 
may have to interfere with the rights of others and the 
power to repel within others the tendencies they may have 
to interfere with his rights. He helps in the establish¬ 
ment of a government which shall promote the general 
welfare. He assists in the defense of his country. Such 
a government not only confers blessings upon its citizens, 
but it requires also duties. A responsibility rests upon 
each individual to become informed regarding the opera¬ 
tions of government, to be intelligent regarding the great 
movements of society and civilization, to be quick and just 
in reading the characters of men who are seeking public 
office, to be faithful to a participation in all the ma¬ 
chinery which brings men into nomination and to be con¬ 
scientious in the exercise of the right of franchise. 

Relation of the Government and Citizens. —There 
is a reciprocal relation between the government and the 
citizen. Each expects something from the other. The 
strength of the nation grows in proportion to the fulfill¬ 
ment of these expectations. Officers of the government 
must discharge their obligations not for individual profit 
but for the benefit of the citizenship of the country. The 




66 


THE GOVERNMENT OF OHIO 


citizen must discharge his duty not from a selfish motive 
but for the strengthening of the government. From this 
mutual recognition of the high obligations of each will flow 
a patriotism, a justice, a power that will guarantee a per¬ 
petual life to our republican government. 


APPENDIX A. 


CONSTITUTION OF THE STATE OF OHIO. 

We, the people of the State of Ohio, grateful to Almighty God for 
our freedom, to secure its blessings and promote our common welfare, 
do establish this Constitution. 

ARTICLE I. 

BILL OF RIGHTS. 

Section 1. All men are, by nature, free and independent, and have 
certain inalienable rights, among which are those of enjoying and 
defending life and liberty, acquiring, possessing, and protecting prop¬ 
erty, and seeking and obtaining happiness and safety. 

Sec. 2. All political- power is inherent in the people. Government 
is instituted for their equal protection and benefit, and they have the 
right to alter, reform, or abolish the same, whenever they may deem it 
necessary ; and no special privileges or immunities shall ever be granted, 
that may not be altered, revoked, or repealed by the general assembly. 

Sec. 3. The people have the right to assemble together, in a peace¬ 
able manner, to consult for their common good ; to instruct their repre¬ 
sentatives ; and to petition the general assembly for the redress of 
grievances. 

Sec. 4. The people have the right to bear arms for their defense and 
security ; but standing armies, in time of peace, are dangerous to 
liberty, and shall not be kept up ; and the military shall be in strict 
subordination to the civil power. 

Sec. 5. The right of trial by jury shall be inviolate. 

Sec. 6. There shall be no slavery in this state ; nor involuntary 
servitude, unless for the punishment of crime. 

67 




68 


CONSTITUTION OF THE STATE OF OHIO 


Sec. 7. All men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own conscience. No 
person shall be compelled to attend, erect, or support any place of 
worship, or maintain any form of worship, against his consent ; and no 
preference shall be given, by law, to any religious society ; nor shall 
any interference with the rights of conscience be permitted. No 
religious test shall be required, as a qualification for office, nor shall any 
person be incompetent to be a witness on account of his religious belief; 
but nothing herein shall be construed to dispense with oaths and affirm¬ 
ations. Religion, morality, and knowledge, however, being essential 
to good government, it shall be the duty of the general assembly to 
pass suitable laws to protect every religious denomination in the 
peaceable enjoyment of its own mode of public worship, and to en¬ 
courage schools and the means of instruction. 

Sec. 8. The privilege of the writ of habeas corpus shall not be 
suspended, unless, in cases of rebellion or invasion the public safety 
require it. 

Sec. 9. All persons shall be bailable by sufficient sureties, except for 
capital offenses where the proof is evident, or the presumption great. 
Excessive bail shall not be required ; nor excessive fines imposed ; nor 
cruel and unusual punishments inflicted. 

Sec. 10. Except in cases of impeachment, and cases arising in the 
army and navy, or in the militia when in actual service in time of war 
or public danger, and in cases of petit larceny and other inferior 
offenses, no person shall be held to answer for a capital, or otherwise 
infamous crime, unless on presentment or indictment of a grand jury. 
In any trial, in any court, the party accused shall be allowed to appear 
and defend in person and with counsel ; to demand the nature and cause 
of the accusation against him, and to have a copy thereof; to meet the 
witnesses face to face, and to have compulsory process to procure the 
attendance of witnesses in his behalf, and a speedy public trial by an 
impartial jury of the county or district, in which the offense is alleged 
to have been committed ; nor shall any person be compelled, in any 
criminal case, to be a witness against himself, or be twice put in 
jeopardy for the same offense. 

Sec. 11. Every citizen may freely speak, write, and publish his 
sentiments on all subjects, being responsible for the abuse of the right ; 
and no law shall be passed to restrain or abridge the liberty of speech, 
or of the press. In all criminal prosecutions for libel, the truth may be 


CONSTITUTION OF THE STATE OF OHIO 69 


given in evidence to the jury, and if it shall appear to the jury, that 
the matter charged as libelous is true, and was published with good 
motives and for justifiable ends, the party shall be acquitted. 

Sec. 12. No person shall be transported out of the state, for any 
offense committed within the same ; and no conviction shall work cor¬ 
ruption of blood, or forfeiture of estate. 

Sec. 13. No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner ; nor, in time of war, except 
in the manner prescribed by law. 

Sec. 14. The right of the people to be secure in their persons, 
houses, papers, and possessions, against unreasonable searches and 
seizures shall not be violated ; and no warrant shall issue, but upon 
probable cause supported by oath or affirmation, particularly de¬ 
scribing the place to be searched and the person and things to be 
seized. 

Sec. 15. No person shall be imprisoned for debt in any civil action, 
on mesne or final process, unless in cases of fraud. 

Sec. 16. All courts shall be open, and every person for an injury 
done him in his land, goods, person, or reputation, shall have remedy 
by due course of law ; and justice administered without denial or 
delay. 

Sec. 17. No hereditary emoluments, honors, or privileges, shall 
ever be granted or conferred by this state. 

Sec. 18. No power of suspending laws shall ’ever be exercised, 
except by the general assembly. 

Sec. 19. Private property shall ever be held inviolate, but sub¬ 
servient to the public welfare. When taken in time of war or other 
public exigency imperatively requiring its immediate seizure, or for 
the purpose of making or repairing roads, which shall be open to the 
public, without charge, a compensation shall be made to the owner, in 
money ; and in all other cases, where private property shall be taken 
for public use, a compensation therefor shall first be made in money, or 
first secured by a deposit of money ; and such compensation shall be 
assessed by a jury, without deduction for benefits to any property of 
the owner. 

Sec. 20. This enumeration of rights shall not be construed to impair 
or deny others retained b} r the people ; and all powers, not herein 
delegated, remain with the people. 



70 


CONSTITUTION OF THE STATE OF OHIO 


ARTICLE II. 

LEGISLATIVE. 

Section 1. The legislative power of this state shall be vested in a 
general assembly, which shall consist of a senate, and house of repre¬ 
sentatives. 

Sec. 2. Senators and representatives shall be elected biennially by 
the electors of the respective counties or districts, on the first Tuesday 
after the first Monday in November; their t*erm of office shall com¬ 
mence on the first day of January next thereafter, and continue two 
years. [As amended October 13,1885 ; 82 v. 446.] 

Sec. 3. Senators and representatives shall have resided in their 
respective counties, or districts, one year next preceding their election, 
unless they shall have been absent on the public business of the United 
States, or of this state. 

Sec. 4. No person holding office under the authority of the United 
States, or any lucrative office under the authority of this state, shall be 
eligible to or have a seat in, the general assembly; but this provision 
shall not extend to township officers, justices of the peace, notaries 
public, or officers of the militia. 

Sec. 5. No person hereafter convicted of an embezzlement of the 
public funds, shall hold any office in this state; nor shall any person, 
holding public money for disbursement, or otherwise, have a seat in 
the general assembly, until he shall have accounted for, and paid such 
money into the treasury. 

Sec. 6. Each house shall be judge of the election, returns, and 
qualifications of its own members; a majority of all the members 
elected to each house shall be a quorum to do business; but a less 
number may adjourn from day to day, and compel the attendance of 
absent members, in such manner, and under such penalties, as shall be 
prescribed by law. 

Sec. 7. The mode of organizing the house of representatives, at 
the commencement of each regular session, shall be prescribed by law. 

Sec. 8. Each house, except as otherwise provided in this consti¬ 
tution, shall choose its own officers, may determine its own rules of 
proceeding, punish its members for disorderly conduct; and, with the 
concurrence of two-thirds, expel a member, but not the second time 


CONSTITUTION OF THE STATE OF OHIO 


71 


for the same cause; and shall have all other powers, necessary to pro¬ 
vide for its safety, and the undisturbed transaction of its business. 

Sec. 9. Each house shall keep a correct journal of its proceedings, 
which shall be published. At the desire of any two members, the yeas 
and nays shall be entered upon the journal; and, on the passage of 
every bill, in either house, the vote shall be taken by yeas and nays, 
and entered upon the journal; and no law shall be passed in either 
house without the concurrence of a majority of all the members elected 
thereto. 

Sec. 10. Any member of either house shall have the right to 
protest against any act or resolution thereof, and such protest, and the 
reasons therefor, shall, without alteration, commitment or delay, be 
entered upon the journal. 

Sec. 11. All vacancies which may happen in either house shall, for 
the unexpired term, be filled by election, as shall be directed by law. 

Sec. 12. Senators and representatives, during the session of the 
general assembly, and in going to, and Returning from the same, shall 
be privileged from arrest, in all cases, except treason, felony, or breach 
of the peace; and for any speech, or debate, in either house, they shall 
not be questioned elsewhere. 

Sec. 13. The proceedings of both houses shall be public, except 
in cases which, in the opinion of two-tliirds of those present, require 
secrecy. 

Sec. 14. Neither house shall, without the consent of the other, 
adjourn for more than two days, Sundays excluded; nor to any other 
place than that, in which the two houses shall be in session. 

Sec. 15. Bills may originate in either house; but may be altered, 
amended, or rejected in the other. 

Sec. 16. Every bill shall be fully and distinctly read three different 
days unless in case of urgency three-fourths of the house in which it 
shall be pending, shall dispense with the rule. No bill shall contain 
more than one subject, which shall be clearly expressed in its title, and 
no law shall be revived, or amended, unless the new act contain the 
entire act revived, or the section or sections amended, and the section 
or sections so amended shall be repealed. 

Every bill passed by both houses of the General Assembly shall, 
before said bill can become law, be presented to the governor. If he 
approves he shall sign said bill and thereupon said bill shall be law. 



72 


CONSTITUTION OF THE STATE OF OHIO 


If he object he shall not sign and shall return said bill, together with 
his objection thereto in writing, to the house wherein said bill origi¬ 
nated, which house shall enter at large upon its journal said objection 
and shall proceed to reconsider said bill. If, after said reconsideration, 
at least two-thirds of the members-elect of that house vote to repass 
said bill it shall be sent, together with said objection, to the other house, 
which shall enter at large upon its journal said objection and shall pro¬ 
ceed to reconsider said bill. If, after said reconsideration, at least two- 
thirds of the members-elect of that house vote to pass said bill it shall be 
law, otherwise it shall not be law. The votes for the repassage of said 
bill shall in each house respectively be no less than those given on the 
original passage. If any bill passed by both houses of the General 
Assembly and presented to the governor is not signed and is not 
returned to the house wherein it originated and within ten days after 
being so presented, exclusive of Sunday and the day said bill was pre¬ 
sented, said bill shall be law as in like manner as if signed, unless final 
adjournment of the General Assembly prevents such return, in which 
case shall be law, unless objected to by the Governor and filed, together 
with his objection thereto in writing, by him in the office of the Secre¬ 
tary of State within the prescribed ten days; and the Secretary of 
State shall at once make public said fact and shall return said bill, to¬ 
gether with said objection, upon the opening of the next following 
session of the General Assembly, to the house wherein said bill origi¬ 
nated, where it shall be treated in like manner as if returned within the 
prescribed ten days. 

If any bill passed by both houses of the General Assembly and 
presented to the Governor contains two or more sections, or two or 
more items of appropriation of money, he may object to one or more of 
said sections or to one or more of said items of appropriation of money, 
and approve the other portion of said bill, in which case said approved 
portion may be signed and then shall be law; and such section or sec¬ 
tions, item or items of appropriation of money objected to shall be 
returned within the time and in the manner prescribed for, and shall 
be separately reconsidered as in the case of a whole bill; but if final 
adjournment of the General Assembly prevents such return the 
Governor shall file said section or sections, item or items of appropria¬ 
tion of money, together with his objection thereto in writing, with the 
Secretary of State as in the case of a whole bill, and the Secretary of 
State shall then make public said fact, but shall not further act as in 
the case of a whole bill. 


CONSTITUTION OF THE STATE OF OHIO 73 


Sec. 17. The presiding officer of each house shall sign, publicly, in 
the presence of the house over which he presides, while the same is in 
session, and capable of transacting business, all bills and joint resolu¬ 
tions passed by the general assembly. 

Sec. 18. The style of the laws of this state shall be, “ Be it en¬ 
acted by the General Assembly of the State of Ohio.'" 1 

Sec. 19. No senator or representative shall, during the term for 
which he shall have been elected, or for one year thereafter, be ap¬ 
pointed to anj r civil office under this state, which shall be created, or 
the emoluments of which shall have been increased, during the term 
for which he shall have been elected. 

Sec. 20. The general assembly, in cases not provided for in this 
constitution, shall fix the term of office and the compensation of all 
officers ; but no change therein shall affect the salary of any officer 
during his existing term, unless the office be abolished. 

Sec. 21. The general assembly shall determine, by law, before 
what authority, and in what manner, the trial of contested elections 
shall be conducted. 

Sec. 22. No money shall be drawn from the treasury, except in 
pursuance of a specific appropriation, made by law ; and no appro¬ 
priation shall be made for a longer period than two years. 

Sec. 23. The house of representatives shall have the sole power of 
impeachment, but a majority of the members elected must concur 
therein. Impeachments shall be tried by the senate; and the senators, 
when sitting for that purpose, shall be upon oath or affirmation to do 
justice according to law and evidence. No person shall be convicted 
without the concurrence of two-tliirds of the senators. 

Sec. 24. The governor, judges, and all state officers may be im¬ 
peached for any misdemeanor in office; but judgment shall not extend 
further than removal from office, and disqualification to hold any 
office, under the authority of this state. The party impeached, 
whether convicted or not, shall be liable to indictment, trial, and 
judgment according to law. 

Sec. 25. All regular sessions of the general assembly shall com¬ 
mence on the first Monday of January, biennially. The first session, 
under this constitution, shall commence on the first Monday of Janu¬ 
ary, one thousand, eight hundred and fifty-two. (See Const. 1802, 
Art. 1 , § 25.) 


74 


CONSTITUTION OF THE STATE OF OHIO 


Sec, 26. All laws of a general nature, shall have uniform operation 
throughout the state ; nor, shall any act, except such as relates to pub¬ 
lic schools, be passed, to take effect upon the approval of any other 
authority than the general assembly, except as otherwise provided in 
this constitution. 

Sec. 27. The election and appointment of all officers, and the filling 
of all vacancies; not otherwise provided for by this constitution, or the 
constitution of the United States, shall be made in such manner as may 
be directed by law ; but no appointing power shall be exercised by the 
general assembly, except as prescribed in this constitution, and in the 
election of United States senators; and in these cases the vote shall be 
taken “ viva voce. ” 

Sec. 28. The general assembly shall have no power to pass retro¬ 
active laws, or laws impairing the obligation of contracts; but may, by 
general laws, authorize courts to carry into effect, upon such terms as 
shall be just and equitable, the manifest intention of parties, and offi¬ 
cers, by curing omissions, defects, and errors, in instruments and pro¬ 
ceedings, arising out of their want of conformity with the laws of this 
state. 

Sec. 29. No extra compensation shall be made to any officer, public 
agent, or contractor, after the service shall have been rendered, or the 
contract entered into; nor shall any money be paid, on,any claim, the 
subject-matter of which shall not have been provided for by pre¬ 
existing law, unless such compensation, or claim, be allowed by two- 
thirds of the members elected to each branch of the general assembly. 

Sec. 30. No new county shall contain less than four hundred 
square miles of territory, nor shall any county be reduced below that 
amount; and all laws creating new counties, changing county lines, or 
removing county seats, shall, before taking effect, be submitted to the 
electors of the several counties to be affected thereby, at the next gen¬ 
eral election after the passage thereof, and be adopted by a majority of 
all the electors voting at such election, in each of said counties; but 
any county now or hereafter containing one hundred thousand inhabit¬ 
ants, may be divided, whenever a majority of the voters residing in 
each of the proposed divisions shall approve of the law passed for that 
purpose ; but no town or city within the same shall be divided, nor 
shall either of the divisions contain less than twenty thousand inhab¬ 
itants. 

Sec. 31. The members and officers of the general assembly shall 


CONSTITUTION OF THE STATE OF OHIO 


75 


receive a fixed compensation, to be prescribed by law, and no other 
allowance or perquisites, either in the payment of postage or other¬ 
wise ; and no change in their compensation shall take effect during 
their term of office. 

Sec. 32. The general assembly shall grant no divorce, nor exercise 
any judicial power not herein expressly conferred. 

ARTICLE III. 

EXECUTIVE. 

Section 1. The executive department shall consist of a governor, 
lieutenant-governor, secretary of state, auditor of state, treasurer of 
state, and an attorney-general, who shall be elected on the first Tuesday 
after the first Monday in November, by the electors of the state, and 
at the places of voting for members of the general assembly. [As 
amended October 13, 1885 ; 82 v. 446.] 

Sec. 2. The governor, lieutenant-governor, secretary of state, 
treasurer, and attorney-general shall hold their offices for two years; 
and the auditor for four years. Their terms of office shall commence on 
the second Monday of January next after their election, and continue 
until their successors are elected and qualified. 

Sec. 3. The returns of every election for the officers named in the 
foregoing section shall be sealed up and transmitted to the seat of 
government, by the returning officers, directed to the president of the 
senate, who, during the first week of the session, shall open and pub¬ 
lish them, and declare the result, in the presence of the majority of the 
members of each house of the general assembly. The person having 
the highest number of votes shall be declared duly elected; but if any 
two or more shall be highest, and equal in votes, for the same office, 
one of them shall be chosen by the joint vote of both houses. 

Sec. 4. Should there be no session of the general assembly in Jan¬ 
uary next after an election for any of the officers aforesaid, the returns 
of such election shall be made to the secretary of state, .and opened, 
and the result declared by the governor in such manner as may be pro¬ 
vided by law. 

Sec. 5. The supreme executive power of this state shall be vested 
in the governor. 

Sec. 6. He may require information, in writing, from the officers 


CONSTITUTION OF THE STATE OF OHIO 


76 

in the executive department, upon any subject relating to the duties 
of their respective offices, and shall see that the laws are faithfully 
executed. 

Sec. 7. He shall communicate at every session, by message, to the 
general assembly, the condition of the state, and recommend such 
measures as he shall deem expedient. 

Sec. 8. He may, on extraordinary occasions, convene the general 
assembly by proclamation, and shall state to both houses, when as¬ 
sembled, the purpose for which they have been convened. 

Sec. 9. In case of a disagreement between the two houses, in 
respect to the time of adjournment, he shall have power to adjourn 
the general assembly to such time as he may think proper, but not 
beyond the regular meetings thereof. 

Sec. 10. He shall be commander-in-chief of the military and naval 
forces of the state, except when they shall be called into the service of 
the United States. 

Sec. 11. He shall have power, after conviction, to grant reprieves, 
commutations, and pardons, for all crimes and offences, except treason 
and cases of impeachment, upon such conditions as he may think 
proper ; subject, however, to such regulations, as to the manner of 
applying for pardons, as may be prescribed by law. Upon conviction 
for treason, he may suspend the execution of the sentence, and report 
the case to the general assembly, at its next meeting, when the general 
assembly shall either pardon, commute the sentence, direct its execu¬ 
tion, or grant a further reprieve. He shall communicate to the gen¬ 
eral assembly, at every regular session, each case of reprieve, commu¬ 
tation, or pardon granted, stating the name and crime of the convict, 
the sentence, its date, and the date of the commutation, pardon, or re¬ 
prieve, with his reasons therefor. 

Sec. 12. There shall be a seal of the state, which shall be kept by 
the governor, and used by him officially; and shall be called “ The 
Great Seal of the State of Ohio.” 

Sec. 18. All grants and commissions shall be issued in the name 
and by the authority, of the state of Ohio; sealed with the great seal; 
signed by the governor, and countersigned by the secretary of state. 

Sec. 14. No member of congress, or other person holding office 
under the authority of this state, or of the United States, shall execute 
the office of governor, except as herein provided. 


CONSTITUTION OF THE STATE OF OHIO 


77 


Sec. 15. In case of the death, impeachment, resignation, removal, 
or other disability of the governor, the powers and duties of the office 
for the residue of the term, or until he shall be acquitted, or the 
disability removed, shall devolve upon the lieutenant-governor. 

Sec. 16. The lieutenant-governor shall be president of the senate, 
but shall vote only when the senate is equally divided ; and in case of 
his absence, or impeachment, or when he shall exercise the office of 
governor, the senate shall choose a president pro tempore. 

Sec. 17. If the lieutenant-governor, while executing the office of 
governor, shall be impeached, displaced, resign or die, or otherwise 
become incapable of performing the duties of the office, the .president 
of the senate shall act as governor, until the vacancy is filled, or the 
disability removed; and if the president of the senate, for any of the 
above causes, shall be rendered incapable of performing the duties per¬ 
taining to the office of governor the same shall devolve upon the 
speaker of the house of representatives. 

Sec. 18. Should the office of auditor, treasurer, secretary, or attor¬ 
ney-general, become vacant, for any of the causes specified in the 
fifteenth section of this article, the governor shall fill the vacancy until 
the disability is removed, or a successor elected and qualified. Every 
such vacancy shall be filled by election, at the first general election 
that occurs more than thirty days after it shall have happened ; and 
the person chosen shall hold the office for the full term fixed in the 
second section of this article. 

Sec. 19. The officers mentioned in this article shall at stated times, 
receive for their services; a compensation to be established by law, 
which shall neither be increased nor diminished during the period for 
which they shall have been elected. 

Sec. 20. The officers of the executive department, and of the public 
state institutions shall, at least five days preceding each regular ses¬ 
sion of the general assembly, severally report to the governor, who 
shall transmit such reports, with his message, to the general assembly. 

ARTICLE IV. 

JUDICIAL. 

Section 1. The judicial power of the state is vested in a supreme 
court, circuit courts, courts of common pleas, courts of probate, 


78 


CONSTITUTION OF THE STATE OF OHIO 


justices of the peace, and such other courts inferior to the supreme 
court, as the general assembly may, from time to time establish. (As 
amended October 9, 1883; 80 v. 382.) 

Sec. 2. The supreme court shall, until otherwise provide [pro¬ 
vided] by law, consist of five judges, a majority of whom competent 
to sit shall be necessary to form a quorum or to pronounce a decision, 
except as hereinafter provided. It shall have original jurisdiction in 
quo warranto, mandamus , habeas corpus and procedendo, and such 
appellate jurisdiction as may be provided by law. It shall hold at 
least one term in each year at the seat of government, and such other 
terms, there or elsewhere, as may be provided by law. The judges of 
the supreme court shall be elected by the electors of the state at large, 
for such term, not less than five years, as the general assembly may 
prescribe, and they shall be elected and their official term shall begin 
at such time as may be fixed by law. In case the general assembly 
shall increase the number of such judges, the first term of each of such 
additional judges shall be such, that in each year after their first elec¬ 
tion, an equal number of judges of the supreme court shall be elected, 
except in elections to fill vacancies ; and whenever the number of such 
judges shall be increased, the general assembly may authorize such 
court to organize divisions thereof, not exceeding three, each division 
to consist of an equal number of judges; for the adjudication of cases, 
a majority of each division shall constitute a quorum, and such an 
assignment of the cases to each division may be made as such court 
may deem expedient, but whenever all the judges of either division 
hearing a case shall not concur as to the judgment to be rendered 
therein, or whenever a case shall involve the constitutionality of an 
act of the general assembly or of an act of congress* it shall be reserved 
to the whole court for adjudication. The judges of the supreme court 
in office when this amendment takes effect, shall continue to hold their 
offices until their successors are elected and qualified. [. As amended 
October 9, 1883; 80 v. 382.] 

Sec. 3. The state shall be divided into nine common pleas districts, 
of which the county of Hamilton shall constitute one, of compact 
territory, and bounded by county lines; and each of said districts, 
consisting of three or more counties, shall be subdivided in.to three 
parts, of compact territory, bounded by county lines, and as nearly 
equal in population as practicable; in each of which, one judge of the 
court of common pleas for said district, and residing therein, shall 


CONSTITUTION OF THE STATE OF OHIO 


79 


be elected by the electors of said subdivision. Courts of common 
pleas shall be held, by one or more of these judges, in every county 
in the district, as often as may be provided by law; and more than 
one court, or sitting thereof, may be held at the same time in each 
district. 

Sec. 4. The jurisdiction of the courts of common pleas, and of the 
judges thereof shall be fixed by law. 

Sec. 5. [.Repealed Oct. 9, 1883; 80 v. 382.] 

Sec. 6. The circuit court shall have like original jurisdiction with 
the supreme court, and such appellate jurisdiction as may be provided 
by law. Such courts shall be composed of such number of judges as 
may be provided by law, and shall be held in each county, at least 
once in each year. The number of circuits and the boundaries thereof, 
shall be prescribed by law. Such judges shall be elected in each cir¬ 
cuit by the electors thereof, and at such time and for such term as may 
be prescribed by law, and the same number shall be elected in each 
circuit. Each judge shall be competent to exercise his judicial powers 
in any circuit. The general assembly may change, from time to time, 
the number of boundaries of the circuits. The circuit courts shall be 
the successors of the district courts, and all cases, judgments, records, 
and proceedings pending in said district courts, in the several counties 
of any district, shall be transferred to the circuit courts in the several 
counties, and be proceeded in as though said district courts had not 
been abolished, and the district courts shall continue in existence until 
the election and qualification of the judges of the circuit courts. [As 
amended October 9, 1883 / 80 v. 382.] 

Sec. 7. There shall be established in each county, a probate court, 
which shall be a court of record, open at all times, and liolden by one 
judge, elected by the voters of the county, who shall hold his office for 
the term of three years and shall receive such compensation, payable 
out of the county treasury, or by fees, or both, as shall be provided by 
law. 

Sec. 8. The probate court shall have jurisdiction in probate and 
testamentary matters, the appointment of administrators and guardians, 
the settlement of the accounts of executors, administrators and guar¬ 
dians, and such jurisdiction in habeas corpus, the issuing of marriage 
licenses, and for the sale of land by executors, administrators, and 
guardians, and such other jurisdiction, in any county, or counties, as 
may be provided by law. 


80 


CONSTITUTION OF THE STATE OF OHIO 


Sec. 9. A competent number of justices of the peace shall be elected, 
by the electors, in each township in the several counties. Their term 
of office shall be three years, and their powers and duties shall be regu¬ 
lated by law. 

Sec. 10. All judges, other than those provided for in this constitu¬ 
tion, shall be elected by the electors of the judicial district for which 
they may be created, but not for a longer term of office than five years. 

Sec. 11. [Repealed October 9, 1883 ; 80 v. 382.] 

Sec. 12. The judges of the courts of common pleas shall, while in 
office, reside in the district for which they are elected ; and their term 
of office shall be for five years. 

Sec. 13. In case the office of any judge shall become vacant, before 
the expiration of the regular term for which he was elected, the 
vacancy shall be filled by appointment by the governor, until a succes¬ 
sor is elected and qualified ; and such successor shall be elected for the 
unexpired term, at the first annual election that occurs more than thirty 
days after the vacancy shall have happened. 

Sec. 14. The judges of the supreme court, and of the court of com¬ 
mon pleas, shall, at stated times, receive, for their services, such com¬ 
pensation as may be provided by law, which shall not be diminished, 
or increased, during their term of office ; but they shall receive no fees 
or perquisites, nor hold any other office of profit or trust, under the 
authority of this state, or the United States. All votes for either of 
them, for any elective office, except a judicial office, under the authority 
of this state, given by the general assembly or the people, shall be 
void. 

Sec. 15. The general assembly may increase, or diminish, the num¬ 
ber of the judges of the supreme court, the number of the districts of 
the court of common pleas, the number of judges in any district, 
change the districts, or the subdivisions thereof, or establish other 
courts, whenever two-tliirds of the members elected to each house shall 
concur therein; but no such change, addition or diminution, shall 
vacate the office of any judge. 

Sec. 16. There shall be elected in each county, by the electors 
thereof, one clerk of the court of common pleas, who shall hold his 
office for the term of three years, and until his successor shall be elected 
and qualified. He shall, by virtue of his office, be clerk of all other 
courts of record held therein; but, the general assembly may provide, 


CONSTITUTION OF THE STATE OF OHIO 


81 


by law, for the election of a clerk, with a like term of office, for each 
or any other of the courts of record, and may authorize the judge of 
the probate court to perform the duties of clerk for his court under 
such regulations as may be directed by law. Clerks of courts shall be 
removable for such cause and in such manner as shall be prescribed by 
law. 

Sec. 17. Judges may be removed from office, by concurrent resolu¬ 
tion of both houses of the general assembly, if two-thirds of the mem¬ 
bers, elected to each house, concur therein; but no such removal shall 
be made, except upon complaint, the substance of which shall be 
entered on the journal, nor, until the party charged shall have had 
notice thereof, and an opportunity to be heard. 

Sec. 18. The several judges of the supreme court, of the common 
pleas, and of such other courts as may be created, shall, respectively, 
have and exercise such power and jurisdiction, at chambers, or other¬ 
wise, as may be directed by law. 

Sec. 19. The general assembly may establish courts of conciliation, 
and prescribe their powers and duties ; but such courts shall not render 
final judgment in any case, except upon submission, by the parties of 
the matter in dispute, and their agreement to abide such judgment. 

Sec. 20. The style of all process shall be * ‘ The State of Ohio; ” all 
prosecution shall be carried on, in the name, and by the authority, of 
the State of Ohio; and all indictments shall conclude, “against the 
peace and dignity of the State of Ohio.” 

Sec. 21. A commission which shall consist of five members, shall be 
appointed by the governor, with the advice and consent of the senate, 
the members of which shall hold office for the term of three years from 
and after the first day of February, 1876, to dispose of such part of the 
business then on the dockets of the supreme court as shall, by arrange¬ 
ment between said commission and said court, be transferred to such 
commission ; and said commission shall have like jurisdiction and 
power in respect to such business as are or may be vested in said court; 
and the members of said commission shall receive a like compensation 
for the time being with the judges of said court. A majority of the 
members of said commission shall be necessary to form a quorum or 
pronounce a decision, and its decision shall be certified, entered, and 
enforced as the judgments of the supreme court, and at the expiration 
of the term of said commission all business undisposed of shall by it be 
certified to the supreme court, and disposed of as if said commission 
6 


82 


CONSTITUTION OF THE STATE OF OHIO 


had never existed. The clerk and reporter of said court shall be the 
clerk and reporter of said commission and the commission shall have 
such other attendants, not exceeding in number those provided by law 
for said court, which attendants said commission may appoint and 
remove at its pleasure. Any vacancy occurring in said commission, 
shall be tilled by appointment of the governor, with the advice and 
consent of the senate, if the senate be in session ; and if the senate be 
not in session, by the governor, but in such last case, such appointment 
shall expire at the end of the next session of the general assembly. 
The general assembly may, on application of the supreme court, duly 
entered on the journal of the court and certified, provide bylaw, when¬ 
ever two-tliirds of such [each] house shall concur therein, from time to 
time, for the appointment, in like manner, of a like commission with 
like powers, jurisdiction, and duties; provided, that the term of any 
such commission shall not exceed two years, nor shall it be created 
oftener than once in ten years. 

ARTICLE V. 

ELECTIVE FRANCHISE. 

Section 1. Every white male citizen of the United States, of the 
age of twenty-one years, who shall have been a resident of the state 
one year next preceding the election, and of the county, township, or 
ward, in which he resides, such time as may be provided by law, shall 
have the qualifications of an elector, and be entitled to vote at all elec¬ 
tions. 

Sec. 2. All elections shall be by ballot. 

Sec. 3. Electors, during their attendance at elections, and in going 
to, and returning therefrom, shall be privileged from arrest in all cases, 
except treason, felony, and breach of the peace. 

Sec. 4. The general assembly shall have power to exclude from the 
privilege of voting, or of being eligible to office, any person convicted 
of bribery, perjury, or other infamous crime. 

Sec. 5. No person in the military, naval, or marine service of the 
United States, shall, by being stationed in any garrison, or military, or 
naval station, within the state, be considered a resident of this state. 

Sec. 6. No idiot, or insane person, shall be entitled to the privileges 
of an elector. 


CONSTITUTION OF THE STATE OF OHIO 


83 


ARTICLE VI. 

EDUCATION. 

Section 1. The principal of all funds arising from the sale, or other 
disposition of lands, or other property, granted or entrusted to this 
state for educational and religious purposes, shall forever be preserved 
inviolate, and undiminished ; and, the income arising therefrom, shall 
be faithfully applied to the specific objects of the original grants, or 
appropriations. 

Sec. 2. The general assembly shall make such provisions, by taxa¬ 
tion, or otherwise, as, with the income arising from the school trust 
fund, will secure a thorough and efficient system of common schools 
throughout the state ; but no religious or other sect, or sects, shall ever 
have any exclusive right to, or control of, any part of the school funds 
of this state. 


ARTICLE VII. 

PUBLIC INSTITUTIONS. 

Section 1. Institutions for the benefit of the insane, blind and deaf 
and dumb, shall always be fostered and supported by the state; and be 
subject to such regulations as may be prescribed by the general as¬ 
sembly. 

Sec. 2. The directors of the penitentiary shall be appointed or 
elected in such manner as the general assembly may direct ; and the 
trustees of the benevolent and other state institutions, now elected by 
the general assembly, and of such other state institutions, as may be 
hereafter created, shall be appointed by the governor, by and with the 
advice and consent of the senate; and upon all nominations made by 
the governor, the question shall be taken by yeas and nays, and en¬ 
tered upon the journals of the senate. 

Sec. 3. The governor shall have power to fill all vacancies that may 
occur in the offices aforesaid, until the next session of the general 
assembly, and, until a successor to his appointee shall be confirmed and 
qualified. 


84 


CONSTITUTION OF THE STATE OF OHIO 


ARTICLE VIII. 

PUBLIC DEBT AND PUBLIC WORKS. 

Section 1. The state may contract debts to supply casual deficits 
or failures in revenues, or to meet expenses not otherwise provided for; 
but the aggregate amount of such debts, direct and contingent, whether 
contracted by virtue of one or more acts of the general assembly, or at 
different periods of time, shall never exceed seven hundred and fifty 
thousand dollars; and the money arising from the creation of such 
debts shall be applied to the purpose for which it was obtained, or to 
repay the debts contracted, and to no other purpose whatever. 

Sec. 2. In addition to the above limited power, the state may con¬ 
tract debts to repel invasion, suppress insurrection, defend the state in 
war, or to redeem the present outstanding indebtedness of the state; 
but the money, arising from the contracting of such debts, shall be 
applied to the purpose for which it was raised, or to repay such debts, 
and to no other purpose whatever, and all debts, incurred to redeem 
the present outstanding indebtedness of the state, shall be so contracted 
as to be payable by the sinking fund, hereinafter provided for, as the 
same shall accumulate. 

Sec. 3. Except the debts above specified in sections one and two 
of this article, no debt whatever shall hereafter be created by or on 
behalf of the state. 

Sec. 4. The credit of the state shall not, in any manner, be given or 
loaned to, or in aid of, any individual association or corporation what¬ 
ever; nor shall the state ever hereafter become a joint owner, or stock¬ 
holder in any company or association in this state, or elsewhere, formed 
for any purpose whatever. 

Sec. 5. The state shall never assume the debts of any county, city, 
town, or township, or of any corporation whatever, unless such debt 
shall have been created to repel invasion, suppress insurrection, or 
defend the state in war. 

Sec. 6. The general assembly shall never authorize any county, city, 
town, or township, by vote of its citizens or otherwise, to become a 
stockholder in any joint stock company, corporation, or association 
whatever; or to raise money for, or Joan its credit to, or in aid of, any 
such company, corporation, or association. 


CONSTITUTION OF THE STATE OF OHIO 


85 


Sec. 7. The faith of the state being pledged for the payment of its 
public debt, in order to provide therefor, there shall be created a sinking 
fund, which shall be sufficient to pay the accruing interest on such 
debt, and, annually, to reduce the principal thereof, by a sum not less 
than one hundred thousand dollars, increased yearly, and each and 
every year, by compounding, at the rate of six per cent, per annum. 
The said sinking fund shall consist, of the net annual income of the 
public works and stocks owned by the state, of any other funds or 
resources that are, or may be, provided by law, and of such further 
sum, to be raised by taxation, as may be required for the purposes 
aforesaid. 

Sec. 8. The auditor of state, secretary of state, and attorney-general, 
are hereby created a board of commissioners, to be styled, “ The Com¬ 
missioners of the Sinking Fund.” 

Sec. 9. The commissioners of the sinking fund shall, immediately 
preceding each regular session of the general assembly, make an 
estimate of the probable amount of the fund, provided for in the 
seventh section of this article, from all sources except from taxation, 
and report the same, together with all their proceedings relative to 
said fund and the public debt, to the governor, who shall transmit the 
same with his regular message, to the general assembly; and the general 
assembly shall make all necessary provision for raising and disbursing 
said sinking fund, in pursuance of the provisions of this article. 

Sec. 10. It shall be the duty of the said commissioners faithfully to 
apply said fund, together with all moneys that may be, by the general 
assembly, appropriated to that object, to the payment of the interest, 
as it becomes due, and the redemption of the principal of the public 
debt of the state, excepting only, the school and trust funds held by 
the state. 

Sec. 11. The said commissioners shall, semi-annually, make a full 
and detailed report of their proceedings to the governor, who shall 
immediately, cause the same to be published, and shall also commu¬ 
nicate the same to the general assembly, forthwith, if it be in session, 
and if not, then at its first session after such report shall be made. 

Sec. 12. So long as this state shall have public works which require 
superintendence, there shall be a board of public works, to consist of 
three members, who shall be elected by the people, at the first general 
election after the adoption of this constitution, one for the term of one 
year, one for the term of two years, and one for the term of three 


CONSTITUTION OF THE STATE OF OHIO 


86 

years; and one member of said board shall be elected annually there¬ 
after, who shall hold his office for three years. 

Sec. 13. The powers and duties of said board of public works, and 
its several members, and their compensation, shall be such as now are, 
or may be, prescribed by law. 

ARTICLE IX. 

MILITIA. 

Section 1 . All white male citizens, residents of this state, being 
eighteen years of age, and under the age of forty-five years, shall be 
enrolled in the militia, and perform military duty, in such manner, not 
incompatible with the constitution and laws of the United States, as 
may be prescribed by law. 

Sec. 2. Majors general, brigadiers general, colonels, lieutenant 
colonels, majors, captains, and subalterns, shall be elected by the per¬ 
sons subject to military duty, in their respective districts. 

Sec. 3. The governor shall appoint the adjutant-general, quarter¬ 
master-general, and such other staff officers, as may be provided for by 
law. Majors general, brigadiers general, colonels, or commandants 
of regiments, battalions, or squadrons, shall, severally, appoint their 
staff, and captains shall appoint their non-commissioned officers and 
musicians. 

Sec. 4. The governor shall commission all officers of the line and 
staff, ranking as such; and shall have power to call forth the militia, 
to execute the laws of the state, to suppress insurrection, and repel 
invasion. 

Sec. 5. The general assembly shall provide, by law, for the protec¬ 
tion and safe keeping of the public arms. 

ARTICLE X. 

COUNTY AND TOWNSHIP ORGANIZATIONS. 

Section 1. The general assembly shall provide, by law, for the 
election of such county and township officers as may be necessary. 

Sec. 2. County officers shall be elected on the first Tuesday after 
the first Monday in November, by the electors of each county, in such 


CONSTITUTION OF THE STATE OF OHIO 


87 


manner, and for such term, not exceeding three years, as may be 
provided by law. [As amended October 13, 1885; 82 v. 446.] 

Sec. 3. No person shall be eligible to the office of sheriff, or county 
treasurer, for more than four years, in any period of six years. 

Sec. 4. Township officers shall be elected by the electors of each 
township at such time, in such manner and for such term, not exceed¬ 
ing three years, as may be provided by law; but shall hold their offices 
until their successors are elected and qualified. [As amended October 
13, 1885; 82 v. 449.] 

Sec. 5. No money shall be drawn from any county or township 
treasury, except by authority of law. 

Sec. 6. Justices of the peace, and county and township officers, may 
be removed, in such manner and for such cause, as shall be prescribed 
by law. 

Sec. 7. The commissioners of counties, the trustees of townships, 
and similar boards, shall have such power of local taxation, for police 
purposes, as may be prescribed by law. 

ARTICLE XI. 

APPORTIONMENT. 

Section 1. The apportionment of this state for members of the 
general assembly shall be made every ten years, after the year one 
thousand eight hundred and fifty-one, in the following manner: The 
whole population of the state, as ascertained by the federal census, or in 
such other mode as the general assembly may direct, shall be divided 
by the number “ one hundred,” and the quotient shall be the ratio of 
representation in the house of representatives, for ten years next suc¬ 
ceeding such apportionment. 

Sec. 2. Every county having a population equal to one-half of said 
ratio, shall be entitled to one representative; every county, containing 
said ratio, and three-fourths over, shall be entitled to two representa¬ 
tives; every county containing three times said ratio, shall be entitled 
to three representatives; and so on, requiring after the first two, an en¬ 
tire ratio for each additional representative. Provided, however, that 
each county shall have one representative. 

Sec. 3. When any county shall have a fraction above the ratio, so 
large, that being multiplied by five, the result will be equal to one or 


88 


CONSTITUTION OF THE STATE OF OHIO 


more ratios, additional representatives shall he apportioned for such 
ratios, among the several sessions of the decennial period, in the fol¬ 
lowing manner : If there be only one ratio, a representative shall be 
allotted to the fifth session of the decennial period; if there are two 
ratios, a representative shall be allotted to the fourth and third session, 
respectively; if three, to the third, second, and first sessions, respec¬ 
tively ; if four, to the fourth, third, second, and first sessions, respec¬ 
tively. 

Sec. 4. Any county, forming with another county, or counties, a 
representative district, dufing one decennial period, if it have acquired 
sufficient population at the next decennial period, shall be entitled to a 
separate representation, if there shall be left, in the district from 
which it shall have been separated, a population sufficient for a repre¬ 
sentative ; but no such change shall be made, except at the regular 
decennial period for the apportionment of representatives. 

Sec. 5. If, in fixing any subsequent ratio, a county, previously en¬ 
titled to a separate representation, shall have less than the number re¬ 
quired by the new ratio for a representative, such county shall be 
attached to the county adjoining it, having the least number of inhabit¬ 
ants; and the representation of the district, so formed, shall be deter¬ 
mined as herein provided. 

Sec. 6. The ratio for a senator shall forever, hereafter, be ascer¬ 
tained, by dividing the whole population of the state by the number 
thirty-five. 

Sec. 7. The state is hereby divided into thirty-three senatorial dis¬ 
tricts, as follows : The county of Hamilton shall constitute the first 
senatorial district; the counties of Butler and Warren, the second; 
Montgomery and Preble, the third; Clermont and Brown, the fourth; 
Greene, Clinton, and Fayette, the fifth; Ross and Highland, the 
sixth; Adams, Pike, Scioto, and Jackson, the seventh; Lawrence, 
Gallia,Meigs, and Vinton, the eighth; Athens, Hocking, and Fairfield, 
the ninth; Franklin and Pickaway, the tenth; Clark, Champaign, and 
Madison, the eleventh; Miami, Darke, and Shelby, the twelfth; 
Logan, Union, Marion, and Hardin, the thirteenth; Washington and 
Morgan, the fourteenth; Muskingum and Perry, the fifteenth; Dela¬ 
ware and Licking, the sixteenth; Knox and Morrow, the seventeenth; 
Coshocton and Tuscarawas, the eighteenth; Guernsey and Monroe, the 
nineteenth; Belmont and Harrison, the twentieth; Carroll and Stark, 
the twenty-first; Jefferson and Columbiana, the twenty-second; Trum- 


CONSTITUTION OF THE STATE OF OHIO 89 

bull and Mahoning, the twenty-third; Ashtabula, Lake, and Geauga, 
the twenty-fourth; Cuyahoga, the twenty-fifth; Portage and Summit, 
the twenty-sixth; Medina and Lorain, the twenty-seventh; Wayne and 
Holmes, the twenty-eighth; Ashland and Richland, the twenty-ninth; 
Huron, Erie, Sandusky, and Ottawa, the thirtieth; Seneca, Crawford, 
and Wyandot, the thirty-first; Mercer, Auglaize, Allen, Van Wert, 
Paulding, Defiance, and Williams, the thirty-second; and Hancock, 
Wood, Lucas, Fulton, Henry, and Putnam, the thirty-third. For the 
first decennial period, after the adoption of this constitution, each of 
said districts shall be entitled to one senator, except the first district, 
which shall be entitled to three senators. 

Sec. 8. The same rules shall be applied, in apportioning the frac¬ 
tions of senatorial districts, and in annexing districts, which may. here¬ 
after have less than three-fourths of a senatorial ratio, as are applied to 
representative districts. 

Sec. 9. Any county forming part of a senatorial district, having 
acquired a population equal to a full senatorial ratio, shall be made a 
separate senatorial district, at any regular decennial apportionment, if 
a full senatorial ratio shall be left in the district from which it shall 
be taken. 

Sec. 10. For the first ten years after the year one thousand eight 
hundred and fifty-one, the apportionment of representatives shall be 
as provided in the schedule, and no changes shall ever be made in the 
principles of representation, as herein established, or, in the senatorial 
districts, except as above provided. All territory, belonging to a 
county at the time of any apportionment, shall, as to the right of rep¬ 
resentation and suffrage, remain an integral part thereof, during the 
decennial period. 

Sec. 11. The governor, auditor, and secretary of state, or any two 
of them, shall, at least six months prior to the October election, in the 
year one thousand eight hundred and sixty-one, and, at each decennial 
period thereafter, ascertain and determine the ratio of representation, 
according to the decennial census, the number of representatives and 
senators each county or district shall be entitled to elect, and for 
what years, within the next ensuing ten years, and the governor shall 
cause the same to be published, in such manner as shall be directed 
by law. 

Sec. 12. For judicial purposes, the state shall be apportioned as 
follows: 


90 


CONSTITUTION OF THE STATE OF OHIO 


The county of Hamilton shall constitute the first district, which 
shall not be subdivided; and the judges therein may hold separate 
courts or separate sittings of the same court, at the same time. 

The counties of Butler, Preble, and Darke, shall constitute the first 
subdivision; Montgomery, Miami, and Champaign the second; and 
Warren, Clinton, Greene, and Clarke, the third subdivision, of the 
second district; and, together, shall form such district. 

The counties of Shelby, Auglaize, Allen, Hardin, Logan, Union, and 
Marion, shall constitute the first subdivision; Mercer, Van Wert, 
Putnam, Paulding, Defiance, Williams, Henry, and Fulton the second; 
and Wood, Seneca, Hancock, Wyandot, and Crawford, the third sub¬ 
division, of the third district; and, together, shall form such district. 

The* counties of Lucas, Ottawa, Sandusky, Erie, and Huron, shall 
constitute the first subdivision; Lorain, Medina, and Summit, the 
second ; and the county of Cuyahoga the third subdivision, of the 
fourth district; and, together, shall form such district. 

The counties of Clermont, Brown, and Adams, shall constitute the 
first subdivision; Highland, Ross, and Fayette, the second; and Pick¬ 
away, Franklin, and Madison, the third subdivision, of the fifth dis¬ 
trict ; and, together, shall form such district. 

The counties of Licking, Knox, and Delaware, shall constitute the 
first subdivision; Morrow, Richland, and Ashland, the second; and 
Wayne, Holmes, and Coshocton, the third subdivision, of the sixth 
district; and, together, shall form such district. 

The counties of Fairfield, Perry, and Hocking, shall constitute the 
first subdivision; Jackson, Vinton, Pike, Scioto, and Lawrence, the 
second; and Gallia, Meigs, Athens, and Washington, the third subdi¬ 
vision, of the seventh district, and, together, shall form such district. 

The counties of Muskingum and Morgan shall constitute the first 
subdivision; Guernsey, Belmont, and Monroe, the second; and Jeffer¬ 
son, Harrison, and Tuscarawas, the third subdivision, of the eighth 
district; and, together, shall form such district. 

The counties of Stark, Carroll, and Columbiana, shall constitute the 
first subdivision ; Trumbull, Portage, and Mahoning, the second; and 
Geauga, Lake, and Ashtabula, the third subdivision of the ninth dis¬ 
trict, and, together, shall form such district. 

Sec. 13. The general assembly shall attach any new counties, that 
may hereafter be erected, to such districts or subdivisions thereof as 
shall be most convenient. 


CONSTITUTION OF THE STATE OF OHIO 


91 


ARTICLE XII. 

FINANCE AND TAXATION. 

Section 1. The levying of taxes, by the poll, is grievous and op¬ 
pressive ; therefore, the general assembly shall never levy a poll tax, 
for county or state purposes. 

Sec. 2. Laws shall be passed, taxing by a uniform rule, all moneys, 
credits, investments in bonds, stocks, joint stock companies, or other¬ 
wise; and also all real and personal property according to its true 
value in money, excepting bonds of the state of Ohio, bonds of any 
city, village, hamlet, county, or township in this state, and bonds 
issued in behalf of the public schools of Ohio and the means of instruc¬ 
tion in connection therewith, which bonds shall be exempt from 
taxation ; but burying grounds, public schoolhouses, houses used 
exclusively for public worship, institutions of purely public charity, 
public property used exclusively for any public purpose, and personal 
property, to an amount not exceeding in value two hundred dollars, for 
each individual, may, by general laws, be exempted from taxation ; 
but all such laws shall be subject to alteration or repeal; and the value 
of all property, so exempted, shall, from time to time, be ascertained 
and published as may be directed by law. 

Sec. 3. The general assembly shall provide, by law, for taxing the 
notes and bills discounted or purchased, moneys loaned, and all other 
property, effects, or dues, of every description, (without deduction) of 
all banks, now existing, or hereafter created, and of all bankers, so that 
all property employed in banking shall always bear a burden of taxa¬ 
tion, equal to that imposed on the property of individuals. 

Sec. 4. The general assembly shall provide for raising revenue, 
sufficient to defray the expenses of the state, for each year, and also a 
sufficient sum to pay the interest on the state debt. 

Sec. 5. No tax shall be levied, except in pursuance of law, and 
every law imposing a tax, shall state, distinctly, the object of the 
same, to which only, it shall be applied. 

Sec. 6. The state shall never contract any debt for purposes of 
internal improvement. 


92 


CONSTITUTION OF THE STATE OF OHIO 


ARTICLE XIII. 

CORPORATIONS. 

Section 1. The general assembly shall pass no special act confer¬ 
ring corporate powers. 

Sec. 2. Corporations may be formed under general laws; but all 
such laws may, from time to time, be altered or repealed. 

Sec. 3. Dues from private corporations shall be secured by such 
means as may be prescribed by law, but in no case shall any stock¬ 
holder be individually liable otherwise than for the unpaid stock owned 
by him or her. 

Sec. 4. The property of corporations, now existing or hereafter 
created, shall forever be subject to taxation, the same as the property 
of individuals. 

Sec. 5. No right of way shall be appropriated to the use of any 
corporation, until full compensation therefor be first made in money, 
or first secured by a deposit of money, to the owner, irrespective of 
any benefit from any improvement proposed by such corporation; 
which compensation shall be ascertained by a jury of twelve men, in a 
court of record, as shall be prescribed by law. 

Sec. 6. The general assembly shall provide for the organization of 
cities, and incorporated villages, by general laws, and restrict their 
power of taxation, assessment, borrowing money, contracting debts 
and loaning their credit, so as to prevent the abuse of such power. 

Sec. 7. No act of the general assembly, authorizing associations 
with banking powers, shall take effect until it shall be submitted to the 
people at the general election next succeeding the passage thereof, and 
be approved by a majority of all the electors voting at such election. 

ARTICLE XIV. 

JURISPRUDENCE. 

Section 1. The general assembly, at its first session after the 
adoption of this constitution, shall provide for the appointment of three 
commissioners, and prescribe their tenure of office, compensation, and 
the mode of filling vacancies in said commission. 

Sec. 2. The said commissioners shall revise, reform, simplify, and 


CONSTITUTION OF THE STATE OF OHIO 


93 


abridge the practice, pleadings, forms, and proceedings of the courts 
of record of this state; and, as far as practicable and expedient, shall 
provide for the abolition of the distinct forms of action at law, now in 
use, and for the administration of justice by a uniform mode of proceed¬ 
ing without reference to any distinction between law and equity. 

Sec. 3. The proceedings of the commissioners shall, from time to 
time, be reported to the general assembly, and be subject to the action 
of that body. 


ARTICLE XV. 

MISCELLANEOUS. 

Section 1 . Columbus shall be the seat of government, until other¬ 
wise directed by law. 

Sec. 2. The printing of the laws, journals, bills, legislative docu¬ 
ments, and papers for each branch of the general assembly, with the 
printing required for the executive and other departments of state, 
shall be let, on contract, to the lowest responsible bidder, by such 
executive officers, and in such manner, as shall be prescribed by law. 

Sec. 3. An accurate and detailed statement of the receipts and ex¬ 
penditures of the public money, the several amounts paid, to whom, 
and on what account, shall, from time to time, be published, as shall 
be prescribed by law. 

Sec. 4. No person shall be elected or appointed to any office in this 
state, unless he possess the qualifications of an elector. 

Sec. 5. No person who shall hereafter fight a duel, assist in the 
same as second, or send, accept, or knowingly carry, a challenge 
therefor, shall hold any office in this state. 

Sec. 6. Lotteries, and the sale of lottery tickets, for any purpose 
whatever, shall forever be prohibited in this state. 

Sec. 7. Every person chosen or appointed to any office under this 
state, before entering upon the discharge of its duties, shall take an 
oath or affirmation, to support the constitution of the United States, and 
of this state, and also an oath of office. 

Sec. 8. There may be established, in the secretary of state’s office, 
a bureau of statistics, under such regulations as may be prescribed by 
Jaw, 


94 


CONSTITUTION OF THE STATE OF OHIO 


Sec. 9. No license to traffic in intoxicating liquors shall hereafter 
be granted in this state; but the general assembly may by law, provide 
against evils resulting therefrom. 

ARTICLE XVI. 

AMENDMENTS. 

Section 1. Either branch of the general assembly may propose 
amendments to this constitution; and, if the same shall be agreed to by 
three-fifths of the members elected to each house, such proposed 
amendments shall be entered on the journals, with the yeas and nays, 
and shall be published in at least one newspaper in each county of the 
state, where a newspaper is published, for six months preceding the 
next election for senators and representatives, at which time the same 
shall be submitted to the electors, for their approval or rejection; and 
of a majority of the electors, voting at such election, shall adopt such 
amendments, the same shall become a part of the constitution. When 
more than one amendment shall be submitted at the same time, they 
shall be so submitted as to enable the electors to vote on each amend¬ 
ment, separately. 

Sec. 2. Whenever two-thirds of the members elected to each branch 
of the general assembly, shall think it necessary to call a convention, 
to revise, amend, or change this constitution, they shall recommend to 
the electors to vote, at the next election for members to the general 
assembly, for or against a convention; and if a majority of all of the 
electors, voting at said election, shall have voted for a convention, the 
general assembly shall, at their next session, provide, by law, for call¬ 
ing the same. The convention shall consist of as many members as 
the house of representatives, who shall be chosen in the same manner, 
and shall meet within three months after their election, for the purpose 
aforesaid. 

Sec. 3. At the general election, to be held in the year one thou¬ 
sand eight hundred and seventy-one, and in each twentieth year there¬ 
after, the question : “ Shall there be a convention to revise, alter, or 
amend the Constitution,” shall be submitted to the electors of the 
state ; and, in case a majority of all the electors, voting at such elec¬ 
tion, shall decide in favor of a convention, the general assembly, at its 
next session, shall provide, by law, for the election of delegates, and 
the assembling of such convention, as is provided in the preceding 


* 


CONSTITUTION OF THE STATE OF OHIO 95 

section ; but no amendment of this constitution, agreed upon by any 
convention assembled in pursuance of this article, shall take effect, 
until the same shall have been submitted to the electors of the state, and 
adopted by a majority of those voting thereon. 

SCHEDULE. 

Section 1. All laws of this state in force on the first day of Sep¬ 
tember, one thousand eight hundred and fifty-one, not inconsistent 
with the constitution shall continue in force, until amended, or repealed. 

Sec. 2. The first election for members of the general assembly, 
under this constitution, shall be held on the second Tuesday of 
October, one thousand eight hundred and fifty-one. 

Sec. 3. The first election for governor, lieutenant-governor, auditor, 
treasurer, and secretary of state, and attorney-general, shall be held on 
the second Tuesday of October, one thousand eight hundred and fifty- 
one. The persons, holding said offices on the first day of September, 
one thousand eight hundred and fifty-one, shall continue therein, until 
the second Monday of January, one thousand eight hundred and fifty- 
two. 

Sec. 4. The first election for judges of the supreme court, courts of 
common pleg,s, and probate courts, and clerks of the courts of common 
pleas, shall be held on the second Tuesday of October, one thousand 
eight hundred and fifty-one, and the official term of said judges and 
clerks, so elected, shall commence on the second Monday of February, 
one thousand eight hundred and fifty-two, Judges and clerks of the 
courts of common pleas and supreme court, in office on the first day 
of September, one thousand eight hundred and fifty-one, shall con¬ 
tinue in office with their present powers and duties until the second 
Monday of February, one thousand eight hundred and fifty*two. No 
suit or proceeding, pending in any of the courts of this state shall be 
affected by the adoption of this constitution. 

Sec. 5. The register and receiver of the land office, directors of the 
penitentiary, directors of the benevolent institutions of the state, the 
state librarian, and all other officers, not otherwise provided for in this 
constitution, in office on the first day of September, one thousand eight 
hundred and fifty-one, shall continue in office, until their terms expire, 
respectively, unless the general assembly shall otherwise provide. 

Sec. 6. The superior and commercial courts of Cincinnati, and the 


96 


CONSTITUTION OF THE STATE OF OHIO 


superior court of Cleveland, shall remain, until otherwise provided by 
law, with their present powers and jurisdiction ; and the judges and 
clerks of said courts, in office on the first day of September, one 
thousand eight hundred and fifty-one, shall continue in office until the 
expiration of their terms of office, respectively, or, until otherwise 
provided by law ; but neither of said courts shall continue after the 
second Monday of February, one thousand eight hundred and fifty- 
three ; and no suits shall be commenced in said two first mentioned 
courts, after the second Monday of February, one thousand eight 
hundred and fifty-two, nor in said last mentioned court, after the 
second Monday in August, one thousand eight hundred and fifty-two; 
and all business in either of said courts, not disposed of within the 
time limited for their continuance as aforesaid, shall be transferred to 
the court of common pleas. 

Sec. 7. All county and township officers and justices of the peace, 
in office on the first day of September, one thousand eight hundred and 
fifty-one, shall continue in office until their terms expire, respectively. 

Sec. 8. Vacancies in office, occurring after the first day of Septem¬ 
ber, one thousand eight hundred and fifty-one, shall be filled, as is now 
prescribed by law, and until officers are elected or appointed, and 
qualified, under this constitution. 

Sec. 9. This constitution shall take effect on the first day of Septem¬ 
ber, one thousand eight hundred and fifty-one. 

Sec. 10. All officers shall continue in office, until their successors 
shall be chosen and qualified. 

Sec. 11. Suits pending in the supreme court in bank, shall be trans¬ 
ferred to the supreme court provided for in this constitution, and be 
proceeded in according to law. 

Sec. 12. The district courts shall, in their respective counties, be 
the successors of the present supreme court; and all suits, prosecutions, 
judgments, records, and proceedings, pending and remaining in said 
supreme court, in the several counties of any district, shall be transferred 
to the respective district courts of such counties, and be proceeded in, 
as though no change had been made in said supreme court. 

Sec. 13. The said courts of common pleas, shall be the successors of 
the present courts of common pleas in the several counties, except as 
to probate jurisdiction; and all suits, prosecutions, proceedings, records 
and judgments, pending or being in said last mentioned courts, except 


CONSTITUTION OF THE STATE OF OHIO 


97 


as aforesaid, shall be transferred to the courts of common pleas created 
by this constitution, and proceeded in, as though the same had been 
therein instituted. 

Sec. 14. The probate courts provided for in this constitution, as to 
all matters within the jurisdiction conferred upon said courts, shall be 
the successors, in the several counties, of the present courts of common 
pleas; and the records, files, and papers, business and proceedings, ap¬ 
pertaining to said jurisdiction, shall be transferred to said courts of 
probate, and be there proceeded in, according to law. 

Sec. 15. Until otherwise provided by law, elections for judges$nd 
clerks shall be held, and the poll-books returned, as is provided for 
governor, and the abstract therefrom, certified to the secretary of state, 
shall be by him opened, in the presence of the governor, who shall 
declare the result, and issue commissions to the persons elected. 

Sec. 16. Where two or more counties are joined in a senatorial, 
representative, or judicial district, the returns of election shall be sent 
to the county having the largest population. 

ARTICLE XVII. 

ELECTIONS.* 

. Section 1. Elections for state and county officers shall be held on 
the first Tuesday after the first Monday in November in the even 
numbered years; and all elections for all other elective officers shall be 
held on the first Tuesday after the first Monday in November in the 
odd numbered years. 

Sec. 2. The term of office of the governor, lieutenant-governor, 
attorney-general, secretary of state and treasurer of state shall be two 
years, and that of the auditor of state shall be four years. The term of 
office of the judges of the supreme court and circuit courts shall be 
such even number of years not less than six (6) years as may be pre¬ 
scribed by the general assembly: that of the judges of the common 
pleas court six (6) years and of the judges of the probate court, four 
(4) years, and that of other judges shall be such even number of years 
not exceeding six (6) years as may be prescribed by the general as¬ 
sembly. The term of office of justices of the peace shall be such even 
number of years not exceeding four (4) years, as may be prescribed by 

* This is an amendment which has been added to the Constitution. 

7 


98 


CONSTITUTION OF THE STATE OF OHIO 


the general assembly. The term of office of the members of the board 
of public works shall be such even number of years not exceeding six 
(6) years as may be so prescribed ; and the term of office of all elective 
county, township, municipal and school officers shall be such even 
number of years not exceeding four (4) years as may be so prescribed. 

And the general assembly shall have power to so extend existing 
terms of office as to effect the purpose of Section 1 of this article. 

Any vacancy which may occur in any elective state office other than 
that of a member of the general assembly or of governor, shall be filled 
by appointment by the governor until the disability is removed, or a 
successor elected and qualified. Every such vacancy shall be filled by 
election at the first general election for the office which is vacant, that 
occurs more than thirty (30) days after the vacancy shall have occurred. 
The person elected shall fill the office for the unexpired term. All 
vacancies in other elective offices shall be filled for the unexpired term 
in such manner as may be prescribed by law. 

Sec. 3. Every elective officer holding office when this amendment is 
adopted, shall continue to hold such office for the full term for which 
he was elected, and until his successor shall be elected and qualified as 
provided by law. 


APPENDIX B. 


CONGRESSIONAL DISTRICTS. 

First and Second Districts—Hamilton County. 

Third—Preble, Montgomery and Butler. 

Fourth—Allen, Mercer, Auglaize, Shelby and Darke. 

Fifth—Williams, Henry, Defiance, Paulding, Putnam and Van Wert. 
Sixth—Greene, Warren, Clinton, Highland, Clermont and Brown. 
Seventh—Miami, dark, Madison, Fayette and Pickaway. 

Eighth—Hancock, Hardin, Logan, Champaign, Union and Delaware. 
Ninth—Fulton, Lucas, Wood and Ottawa. 

Tenth—Adams, Pike, Jackson, Scioto, Lawrence and Gallia. 

Eleventh—Ross, Fairfield, Perry, Logan, Vinton, Athens and Meigs. 
Twelfth—Franklin. 

Thirteenth—Sandusky, Erie, Seneca, Wyandot, Crawford and Marion. 
Fourteenth—Lorain, Huron, Ashland, Richland, Morrow and Knox. 
Fifteenth—Muskingum, Guernsey, Noble, Morgan and Washington. 
Sixteenth—Carroll, Jefferson, Harrison, Belmont and Monroe. 
Seventeenth—Wayne, Holmes, Tuscarawas, Coshocton ariU Licking. 
Eighteenth—Stark, Mahoning and Columbiana. 

Nineteenth—Geauga, Ashtabula, Trumbull, Portage and Summit. 
Twentieth and Twenty-first—Medina, Lake and Cuyahoga. 


99 


APPENDIX C 


SENATORIAL DISTRICTS. 

First District—Hamilton County. 

Second and Fourth—Butler, Warren, Clermont and Brown. 

Third—Preble and Montgomery. 

Fifth and Sixth—Greene, Fayette, Clinton, Highland and Ross. 

Seventh—Adams, Pike, Scioto and Jackson. 

Eighth—Vinton, Meigs, Gallia and Lawrence. 

Ninth and Fourteenth—Fairfield, Logan, Athens, Morgan and Wash¬ 
ington. 

Tenth—Franklin and Pickaway. 

Eleventh—Champaign, Clark and Madison. 

Twelfth—Darke, Shelby and Miami. 

Thirteenth—Hardin, Marion, Logan and Union. 

Fifteenth and Sixteenth—Delaware, Licking, Muskingum and Perry. 
Seventeenth and Twenty-eighth—Morrow, Knox, Holmes and Wayne. 
Eighteenth and Nineteenth—Tuscarawas, Coshocton, Guernsey, Noble 
and Monroe. 

Twentieth and Twenty-second—Belmont, Harrison, Jefferson and 
Columbiana. 

Twenty-first—Stark and Carroll. 

Twenty-third—Trumbull and Mahoning, 

Twenty-fourth and Twenty-sixth—Ashtabula, Lake/Geauga, Portage 
and Summit. 

Twenty-fifth—Cuyahoga. 

Twenty-seventh and Twenty-ninth—Lorain, Medina, Ashland and 
Richland. 

Thirtieth—Ottawa, Sandusky, Erie and Huron. 

Thirty-first—Seneca, Wyandot and Crawford. 

Thirty-second—Williams, Defiance, Paulding, Van Wert, Allen, Mercer, 
and Auglaize. 

Thirty-third—Fulton, Henry, Putnam, Wood and Hancock. 
Thirty-fourth—Lucas. 


100 



APPENDIX D. 


CIRCUIT JUDICIAL DISTRICTS. 

First Circuit—Hamilton, Clermont, Clinton, Warren and Butler Coun» 
ties. 

Second Circuit—Franklin, Fayette, Madison, Champaign, Clark, 
Greene, Montgomery, Miami, Shelby, Darke and Preble. 

Third Circuit—Union, Marion, Crawford, Seneca, Wyandot, Hardin, 
Logan, Hancock, Henry, Putnam, Allen, Auglaize, Defiance, Paul¬ 
ding, Yan Wert and Mercer. 

Fourth Circuit—Brown, Adams, Highland, Scioto, Pike, Ross, Pick¬ 
away, Hocking, Vinton, Jackson, Lawrence, Gallia, Meigs, Athens 
and Washington. 

Fifth Circuit—Ashland, Richland, Morrow, Delaware, Knox, Licking, 
Fairfield, Perry, Morgan, Muskingum, Coshocton, Holmes, Wayne, 
Stark and Tuscarawas. 

Sixth Circuit—Williams, Fulton, Lucas, Ottawa, Sandusky, Erie, 
Wood and Huron. 

Seventh Circuit—Lake, Ashtabula, Geauga, Trumbull, Portage, Mahon¬ 
ing, Columbiana, Carroll, Jefferson, Harrison, Guernsey, Belmont, 
Noble and Monroe. 

Eighth Circuit—Cuyahoga, Lorain, Medina and Summit. 


101 


APPENDIX E 


COMMON PLEAS JUDICIAL DISTRICTS AND SUB-DIVISIONS. 

First District—Hamilton County. 

Second District— 

First Sub-Division—Butler. 

Second Sub-Division—Darke, Miami, Champaign, Clark and 
Preble. 

Third Sub-Division—Montgomery, Greene, Warren and Clinton. 
Third District— 

First Sub-Division—Shelby, Auglaize, Mercer, Yan Wert and 
Allen. 

Second Sub-Division—Williams, Defiance and Paulding. 

Third Sub-Division—Fulton, Henry and Putnam. 

Fourth District— 

First Sub-Division—Lucas, Ottawa, Sandusky, Erie and Huron. 
Second Sub-Division—Lorain, Medina and Summit. 

Third Sub-Division—Cuyahoga. 

Fifth District— 

First Sub-Division—Clermont and Brown. 

Second Sub-Division—Highland, Ross, Fayette, Pickaway and 
Madison. 

Third Sub-Division—Franklin. 

Sixth District— 

First Sub-Division—Delaware, Licking and Knox. 

Second Sub-Division—Morrow, Richland and Ashland. 

Third Sub-Division—Coshocton, Holmes and Wayne. 

Seventh District— 

First Sub-Division—Fairfield, Perry and Hocking. 

Second Sub-Division—Adams, Scioto, Pike, Lawrence and Jack- 
son. 

Third Sub-Division—Gallia, Vinton, Meigs, Athens, Washington 
and Monroe. 


102 


COMMON PLEAS JUDICIAL DISTRICTS 103 


Eighth District- 

First Sub-Division—Muskingum, Morgan, Guernsey and Noble. 
Second Sub-Division—Belmont. 

Third Sub-Division—Tuscarawas, Harrison and Jefferson. 

Ninth District— 

First Sub-Division—Stark, Carroll and Columbiana. 

Second Sub-Division—Portage, Warren and Mahoning. 

Third Sub-Division—Lake, Geauga and Ashtabula. 

Tenth District— 

First Sub-Division—Wood, Hancock, Hardin and Seneca. 
Second Sub-Division—Wyandot, Crawford and Marion. 

Third Sub-Division—Logan and UnioD. 


















































































INDEX 


PAGE 

Adjournment of Legislature. 16 

Amendments. 

. 64 

Andrews, Dr. I.W. 

... 11,28 

Appointive officers_ 

. 23 

Appraisers.. 

. 60 

Armories. 

. 58 

Assembly, General. 

,... 15, 16 

Assessors. 

... 36, 60 

Attorney-General. 

22 

Auditor of county. 

...... 31 

Auditor of State. 

.. 21 

Ballot, The. 

. 45 

Bill becomes a law. 

. 16 

“ of rights.. 

. 12 

“ originates where... 

. 16 

Blind, The. 

. 53 

Board of education_ 

.... 37-41 

“ “ health. 

. 40 

“ “ safety.. 

. 40 

“ “ service. 


“ “ public works.. 

... 22, 57 

“ “ examiners.... 

22, 30, 33 

“ “ visitors. 

. 30 

Boys’ Industrial School. 

. 54 

Canals. 

.... 9, 54 

Capital, The. 

.... 8, 64 

Centralized schools. 

. 51 

Charter of Village. 

. 42 

Chillicothe. 

.7, 8 

Cincinnati.. 

. 7 

Circuit court. 

. 25 

Circuits. Judicial. 

. 26 

Cities. 

. 38 

City board of education. 

. ... 41 

City Council.. 

. 38 

City Judiciary. 

. 41 


City officers. 40 

Claims, English. 5 

“ French.. 5 

“ Territorial. 5 

Clerk of court. .31 

“ “ Township. 35 

Collecting taxes. 60 

Columbus .8, 10, 64 

Commander-in-Chief of the 

militia. 21 

Commissioner, Dairy and 

Food. 22 

“ of common 

schools.. 22, 49 
“ “ insurance.. 63 

“ “ railroads.. 63 

“ “ road. 36 

Commissioners, County. 30 

Committees. 19 

Common Pleas Court. 26 

Company, The Ohio. 6 

Compensation of members of 

Legislature. 19 

Compulsory education. 50 

Constables. 36 

Constitutional government.. 5 

Constitution of 1851. 8, 10 

Constitution, The first. 8 

Contents of Constitution.... 12 

Coroner. 33 

Corporations. 62 

Counties. .9, 28 

County auditor. 31 

“ board of school ex¬ 
aminers .30, 33 

“ clerk. 31 

“ coroner. 33 

“ commissioners. 30 


105 





































































106 


INDEX 


PAGE 

County, divisions of. 35 

“ officers. 30 

“ prosecuting attorney 32 

“ recorder. 32 

“ surveyor. 33 

“ sheriff. 32 

“ treasurer. 31 

Circuit court. 25 

Court, justice’s. 37 

Court, Mayor's. ... 41 

Court, common pleas. 26 

Court, probate . 30 

Courts, The. 24 

Court, The supreme.. 24 

Cutler, Manasseh. 6 

Dairy and food commissioner 22 

Deaf and dumb, The. 53 

Debt, Public . 56 

Democracy. 65 

Denison University. 9 

Direct taxes. 60 

Directors, infirmary. 33 

District, special school. 50 

Division of territory. 7 

Divisions of the county. 35 

Duty of electors. 46 

Education. 49 

Elections. 44 

Elections, supervisors of.... 46 

Electors. 44 

English claims. 5 

Epileptics. 54 

Examining boards. 50 

Executive department. 20 

Executive officers. 20 

Federal constitution. 11 

Feeble-minded . 53 

First constitution. 8,9 

Fort Harmar. 6 

Freedom of the press. 12 

Freedom of worship. 12 

French claims. 5 

Funds, school. 51 

Fund, sinking. 56 

General Assembly not a judi¬ 
cial body. 19 


PAGE 


General Assembly, organiza¬ 
tion of. 15 

General Assembly, The. 15 

Girls’ Industrial Home. 55 

Government by the people. 11, 44 

Government, local. 29 

Governor, Lieutenant. 21 

Governor, power of territorial 7 
Governor, succession to office 

of. 21 

Governor, The. 20 

Grand jury. 26 

Great seal. 23 

Growth under first constitu¬ 
tion. 9 

Harmar, Fort. 6 

High schools. 50 

Hospital for epileptics. 54 

Hospitals for insane. 54 

House of Representatives.... 14 

How a bill becomes a law.... 16 

How money is drawn from 
treasury. 17 

Illinois. 6 

Impeachment. 18 

Indebtedness, limitation of.. 56 

Indiana. 7 

Indirect taxes.60, 61 

Infirmary directors. 33 

Insane, hospitals for. 54 

Insane, The. 54 

Institutions, local.... 54 

Institution for the Blind ... 53 

Institution for the Deaf and 

Dumb. 53 

Institution for the Feeble- 

Minded . 1 .. 53 

Insurance. 63 

Insurance, Commissioner of. 63 

Jefferson, Thomas. 29 

Judicial circuits. 25 

Judicial department. 24 

Jury. 26 

Jury, grand. 26 

Jury, petit. 27 

Jury, trial by. 12 

Justice’s court. 37 















































































INDEX 


107 


PAGE 

Justice of the peace. 37 

Kenyon College. 9 

Laws must be uniform. 18 

Laws unconstitutional. 18 

Legislative authority over 

other offices. 17 

Legislature, powers of. 8 

Lieutenant-Governor. 21 

Limitation of indebtedness.. 57 

Local government. 29 

Local institutions. 54 

Local officers are State offi¬ 
cers . 43 

Local prisons. 55 

Local taxes. 59 

Marietta . 6 

Marietta college. 9 

Mayor’s court. 41 

Mayor, The. 39 

Method of collecting taxes...' 60 

Methods of taxation. 60 

Method of voting. 47 

Miami University.9, 52 

Michigan. 6 

Militia. 58 

Money expended by Legisla¬ 
ture . 17 

Municipal districts. 38 

National Road. 9 

Nature of state government.. 11 
Necessity for new constitu¬ 
tion. 9 

New counties. 29 

Oberlin college. 9 

Office-holders . 64 

Officers of supreme court.... 25 

Ohio.‘. 7 

Ohio Company, The. 6 

Ohio made a State. 7 

Ohio penitentiary. 55 

Ohio State University. 52 

Ohio University.9, 52 

Ordinance of 1787 .5, 7, 49 

Organization of General As¬ 
sembly. 15 


PAGE 

Organization of government. 6 
Organization of militia. 58 

Penitentiary. 55 

Petit Jury. 27 

Poll tax. 59 

Powers of Legislature. 8 

Power of taxation with the 

people. 59 

Powers of territorial governor 7 

Power, the veto.7, 16 

Precinct officers. . 47 

Primary, The. 46 

Printing, public. 64 

Prisons, local. 55 

Privileges of members. 16 

Probate court. 30 

Probate judge. 30 

Prosecuting attorney. 32 

Public debt. 56 

Public institutions. 53 

Public printing. 64 

Public works. 57 

Qualifications of senators and 
representatives. 15 

Railroads.9, 63 

Railroads, commissioner of.. 63 

Ranking of courts. 26 

Ratio for representatives.... 14 

Ratio for senators. 14 

Recorder. 32 

Reformatory, State. 55 

Registration. 47 

Relation of county to State.. 28 

Relation of government and 

citizens. 65 

Reports. 23 

Representatives. 14 

Representatives, House of... 14 

Rights of the people. 12 

Road commissioner . 36 

Roads, supervisor of. 36 

St. Clair, Gen. Arthur. 6 

Salaries fixed by Legislature. 19 

School districts. 49 

School funds. 51 

Seal, the gi'eat. 23 












































































108 


INDEX 




PAGE 

Seat of government. 8 

Secretary of State.15, 21 

Senators of United States... 18 

Senators, State. 14 

Sheriff. 32 

Siebert, Prof. W. H... . 29 

Sinking fund. 56 

Soldiers’ and Sailors’ Home.. 53 

Special school district. 50 

State Commissioner of Com¬ 
mon Schools.22, 49 

State, divisions of. 28 

State Reformatory. 55 

Superintendent of schools... 50 

Supervisor of elections. 46 

Supervisor of roads. 36 

Supreme court. 24 

Surveyor. 33 


Taxation. 59 

Taxation, methods of. 60 

Taxes, direct. 60 

Taxes, indirect. 60, 61 

Taxes, local. 59 

Tax, poll. 59 

Tax, property. 60 

Teachers. 50 

Term of office.15, 20 

Territorial claims. 5 

“ government. 5 

“ legislature. 7 


PAGE 

Town and county units. 28 

Township. 35 

Township board of education. 37 

“ clerk. 35 

“ officers. 35 

“ treasurer. 36 

“ trustees. 35 

Treasurer of county. 31 

Treasurer of State. 22 

Trial by jury. 12 

United States Senators. 18 

Vacancies, how filled. 16 

Veto power. 16 

Village charter. 42 

Village officers. 42 

Villages. 42 

Voting, method of. 47 

Western Reserve University. 9 

What constitutes a city. 38 

What constitutes a village.. 38 

Wilberforce University. 53 

Wisconsin. 6 

Women as electors. 45 

Works, public. 57 

Yeas and nays .. 16 

Zanesville. 8 























































a/iY 29 Igf t> 







































































































































































































































































































































































































































































































































